Newspaper Page Text
THE WEEKLY TELEGRAPH: JANUARY 24, 1805
i I, D. IS. i H
It Is (iiing imuugu
. in Spile of tbo Central’s
Tricks.
w uuiuuuuu
rsE THE S„ D. it W.’S GRADE
ift «pear llua Granted an Order to
, hoW Came In Suvannah on the
Fourth of February—Con*
damnation Proceeding!,
Tbe Macon, Dublin and Savannah railroad
„i e have a chatter to run a lino from
Jlicon to Savannah. Their road ia already
mplctod and in profitable operation from
Vicon to Dublin, but they propoao to go on
tliiougb to Savannah. In 1885, before the
Uicon an,l Dublin had eecured a charter
toyond Dublin toward Savannah, another
charter was granted for a line to be run from
Sttaunati via Dublin to Americua, both rpada
m |,e owned and controlled by tho name peo
ple. A certain amount of work had boon
j, o9 under bothchartera when under a bill in
it« city court of Chatham county the Sevan-
0 jli, Western and Dublin proporty was sold at
preicr's rale. B. A. Denmark, of Savannah,
bought in tho property, ostensibly with no
right eicept as a lriend acting eithor for the
Central or for the Savannah and Western peo-
p, The Macon and Dublin was in no wise
involved in this litigation, and henco pro-
reeled to extend their charter from Dublin to
savannah. This portion was graded by the
Savannah and Western before that lino was
gobbled up.
This graded portion, commencing about
thirteen wiles from.Savannah and comlngthia
nr about forty-five miles, is in a dlroct line
oftlie Macon. Dublin and Savannah railroad
oov heing operated to Dublin.
The Macon, Dublin and Savannah people
tart to extend their road through to Savan
nah. they are determined to ds so. Mr.
Ptcmark snd the Central railroad receivers
trill hare to show cause before Judge Speer at
gamma'll on tbe 4th of Fcbuary why the
Macon, Dublin and Savannah can't uae the old
pa,led roadbed of thebavannannnd Westero,
mining from Savannah to Amerieua via
Dublin. Judge Spoer has already granted tho
, rJ.-r requiring them to mako such showing.
The roadbed Is lying idle in that portion of
the state, with no proapects of over being
ued. unless It is thus appropriated. Under
the co stitution of 1877 no railroad company
i permitted to own or control the property of
competing lino of road, and on this ground
the Macon, Dublin and Savannah people are
going to fight. They aak for a valautlon to be
placed upon tho property. If tho terma are
satisfactory thev will pay tho receivers for the
roadbed and then acquire tho right to use It.
If tho price is too high the mnttor will bo ar
bitrated. If the purchasers deem tbo arbi
trators' price too high it may be unposted to
the state courts for trial by jury, ponding
which tho plaintiffs may give bond and pro
ud to uso the property. Tho vordlot of tbe
jurv will bo binding in that event.
Another way by which the defendants in
tho present proceedings may be made to
either tarn loose tho property or show mate
shy they hold it, is to have some citizen of
each county through which tho tins extends
to condemn tho property, In which case tbe
matter wilt be brought Iteforo tho attorney
general.
But if possesalon of the property can't be
obtained, or tho condemnation price Is too
high, then the Mtcon, Dublin and Savannah
people will simply nae their privlleg, - granted
by lbs charter for a line from Dublin to
knanah, aud build right along by the side
S&iroadhod which ia being hold liko the
bfl fielder.
Wien tho Savannah, Dublin and Western
hnme involved in the litigation above re-
imwl to, the Macon and Dublin pooplo pnt
li'ieielvea on the safe aide by procuring a
sew charter from Dnbtlh to Savannah,
Judging from all thia it ia safe So say that
the Macon and Dublin wiU soon connect
Mm n with Savannah. The partiea interested
m the enterprise are men who believe In taw
ing woo.1 snd saying nothing. Their road haa
dime s good part by tbe section through
which they run, and havo played no small
f vrt in the business affairs of Mscoo. The
prea-nl line from Mscoo to Dublin Is encum
bered with no important indebtedness, snd is
‘xri.ing considerably above expenses. The
management of the road ia considered most
excellent, and no Jndgmsnt haa ever been bad
against it in any of the courts, and tbe read
kaa tigered in no litigation of any importance.
Ih" company is encumbered in noway, snd
7he Telegraph has good reason to predict
that the linn will soon be completed to Sevan-
nab.
I lie line rnns through one of the most im-
prtant aeetions nf the state, which ia being
rapidly developed with finest orchards of
1'iaciuus fruits snd most fortilo fields of grain.
The rood encourages immigration hy doing a
large amount of hauling for nothing and ea-
l-nda no small amount of money in advortia-
g its section. Tho result ia that t ie country
ih-.ingh which it runs is kuown as the home
at the Elbert* peaches, pears, chubs, peas,
i.,,!u»rrifs. watermelons, greund-pess. rye,
torn, oats, wheat, bay and all prodarts raised
oaths modern farms and orchards. The
action is also noted for its stock and cattle
nrnia. Virgin pine timber in dense forests
•1*> affords good business for the road. '
Woralnent radio i,I man are of the opinion
that the Central railroad could afford to spend
bill n.i libn dollars a year to throttle eom-
tit n i tnrough that part of the slate, but the
*»■-re of tho Macon. Dublin and Havannah
twl don't proposed to be throttled. At-
" ;ch they have made no effort in the past
k 'quip the tine from Dublin to Savannah,
S’; have kept tbe way clear and intend to do
*tt tho proper time, which, ix their opinion,
* ‘t hand.
llighont W-rrtd’a F.s(r award for Dr.
m ' « Crtum Diking Powder In Cbl-
Kirwt honors anti gold medal at
'a • fornla Midwinter Fair confirm
“0 I'.il.-.iar,, trhunob.
THE PHILADELPHIA.
Is Exerted to Reach Honolulu by
Saturday Morning.
o'rlagton, Jan. SI.—Th* Phlladel-
"• ls ecneiluled to steam into ii'Mt—
11,111 harbor next HUturxkty morning,
"hough she fa mod an «s twenty knot
’hip who could make that speed only
e four bourn at a time xml with such
?? ‘‘tonnoui expenditure of coni that
hunkers would he exhausted In
I!!; " days.
bT most direct course between toe
•"n fSale and her destination ts
;. 3 “Ud her most economical
ming rate for this distance, hav-
her e nt capacity In mind, is fifteen
; * per Imir. Ordlnarty she would
li-T ** » ten or twelve knot rate.
1 t ill undoubtedly do the best toe
1 1 flH* fillta no* mdilnh as
tin* distance, which WIU be by
l:, U'i’ n,n « fifteen knots hour after
Pi* Vl1Vilf> Wft v rswew THU will
•uaV.. w way ° rrT - Tbt * wll >
s- i - !>" f to make X9 knots n day.
v-.t ■ ' •<> mane mo Knots a day.
Vstbec may be renfldeoCy
1 * 1 ' this searoo.
I**'* miles went of Bun
sh-n i. A *“”* ,k doubt trust the
»or*,lenU. will drop hiw
M «w»n <» Saturday next
CURED AT HOME.
Dr. H’ukm.iu’g Frao Home Trottmont
I or Chronic Od'tnnti Announced In
All the Litullnir '|Xi.wiuh
The flrxt dry of Movomlwr, 1803, Dr.
irjruiwn gave his consent to take
cliirge of the timntmeat at 10,000 oas:‘4
of ell runic aatarrh free of charBe. Tit! a
announcement was ad onco publ’sliijil
in all the leading papers, when the up-
plica dona came pouring in from nearly
every mm to In the Union until some
thing Hke 10,000 name* were on his
books as regular putlcnts. TUe most of
mrae patiemtri lure been discharged
cui-ed. Btw.nnins with itfie flrat day of
January, 1895, itre doctor has concluded
to supervise Tho triattment of 10,000
more cases of chronic on,turrit. \V4tft
a large number of clorks ttixl steao-
mupborn no ciaetlst blm, the doctor act
ually directs thofreaiimont of ouch case
hy correspondence, Witch costa the pa
tient nothing but the necessary ntetti-
clnes, which tare Obtained ut tho near
est drug Otar,\ Hi becosno a pitient It
ts oniy necessary to send name a nd ad
dress and describe Hym; Crane, when di
rection* as bo tlieir, Rvnltury regulations
and other advice will be w>nt promptly.
Patient* are j'.lotnxl to ropoat progress
ns often as Thoy please, Imt are ox-
peat«1 to do so at lt.vtsi in one month
from beginning ttv.itment.
The medicine which caitoMiircs the
principal port of Dr. Hartman's troat-
ment for ihronlc mtnrrti is Pe-ru-na.
It oun bs ohtSiineil a,t any drug storo,
and js alH i a remedy wtTfiktmt equal for
coughs, colds, bnutrciiltls, la grippe, con
sumption', and nil climatic diseases of
wittier. Pe-rtMM hus cur v .l nv/.'e cases
of chronic cidirrh HiUn all oAner mtvl-
Icitxw cunblucd. MMie grrot majority
of those who use It buy Tito remedy
themaab.ve*, ttso it ttcconlog to illrtv-
llotts.- not even rcpoailng Mwlr case To
I>r. Hartman until after they are en
tirely curl'd. But. nnw that a limited
number of roses can sxstre ithv [ee
soiaal oytVi.ilor, of Dr. Ha-irmau free <x?
charge, it is not Tto he wandered at. if
many wll! prefer to do so.
The Peruaa Drag Manufacturing
Company arc sending free to any ad-
dries a book on Chronic ctt.inrh which
gives Tho latest treaitmcm for caiinrrti.
coughs^colds, la grippe, bronchitis, and
at other affections of head, Throat and
lungs.
AN EXHIBIT FItOM FABAOUAV.
Col. Avery’s Work for the Exhibition nt At
lanta.
Atlanta, Ga., Jan. 21—Another foreign ex
hibit and another atate exhtbit wets added to
the list of the Cotton Btatoa and International
Exposition today. Col, I, Vi. Avery. Com-
miMioner to South American Republics, writes
from Bnenna Ayres that he baa arranged with.
Dr. Hector Velasques, minister of foreign
affairs for Paraguay, for an exhibit here. By
tbo asmo mall Preatdennt Collier received
from W. G. Vincent-heller, commissioner nf
mines, manufactures and agrieulturo for Ar
kansas, a letter saying:
“Arkansas will want considerable space, as
we hope to mske a full exhibit of products of
onr siate. Please let ns know bow soon you
will be ready to allot ns space and how much.
Wo want good space and plenty of It.’
Applications for ipacu are coming in rapidly
from foreign exhibitors. Woolen goods, rot
ten, machinery snd other manufactured arti
cles from England will be represented, and
ceramic ware, cutlery and textiles will be
here from Anstria. Inquiries iront Germany
inil.i-.xte a good display of textiles from that
ntnr.
rear, t
lias recoived from
It. C. I'll.!: i .-it.i;. r"1 t> ■■ <'arn.-gie a 'l-
n e-.iitri'.in, i ol'Stv.i m.irlli ,d -tntctor.d
steel f. r tho v.,.man's building.
Application was made t.i.lsy fur a coocoa-
sion lor buffalo Bill's Wild Weal 8bow ss ex.
hibitod in Its ■ n'-irciy at Chiragn. Hayenbeek
has ahead r signed. Tbia gives the Atlanta
exposition almost everyone nf the great pri
vase attractions al the world's lair.-
ARMS FOR HONOLULU.
Foreign Minister Haitcth Sola Sale From
Ban Francisco.
Son Francisco, Jan'. 21.—The steamer
Australia sailed for Honolulu Uhl*
morning. Among Tfite pa Mongers was
F. M. iHatch, Hawaiian minister of for-
etk’ti uffulns. Mr. Hatch bears with him
private dispatches and haul In his cut-
today n shipment of arms and ammuni
tion for the government. This shipment
consists of 2,000 rifle* and 100,000 rounds
of ammunition. Tho arms and ammu
nition urp stored where they can ho
got ad ImmedltnCy tnton the Austra
lia’s arrivtvl. Hie Hawaiian «or r ■-
ment had Information of the plans of
the royalists over a month ago. and
Mr. Hatch's mission to the United
States was In comical ton thereto, al
though at the lime of bis arrival be
deemed it wise 4n keep his knowledge
a profound secret. Mr. Hatch said
that Ms government hod nothing to
fear from the ropallets, but the Jap
anese question was n rather important
one in Hawaii.
“It may not be generally known." he
sax id. 'Trot It Is a fact that the Japanese
merchants are surely absorbing tho
trad* of the Islands and acquiring a
position of great commercial Impor
tance. Already they are driving the
Chinese merchants out nf buslniwa. It
fa significant to the United States, for
Japanese supremacy means the cutting
off a? vsitudde trade with the Islands
nnd She transfer of the dime to Japan.
The commercial future of the IsViitda
rest* with the United Btatew or Eng
land. We are only a handful of people.
Wo can lake care of ourselves If let
alone, but If Japan makes demands
upon us we can do nothing unless the
Unit'd States or England given ua
support.
HAYWARD ON TRIAL.
A Sensation Developed at the Begin
ning of the Case.
Minneapolis, Jnn. 21.—The trial of
Hurry Hayward, charged with causing
the death of Catharine Oiug, was be
gun this morning. The court room was
packed with spectators. No jurors
were drawn up to a late hour today.
A sensation occurred to make the pro
ceedings interesting just before the
noon adjournment. The famous crim
inal lawyer "BUI" Erwin, who defends
Hayward, showed knowledge of the
movements of a Jury he as examinl.iar.
even questioning language that the
map and Carbon Were supposed to
have ueed to the effect that he tt’arl-
son) was a member of the Jury and
would "Ss them,” meaning the de
fendants in the cast*. Judge Smith en-
grtly broke in with: "I would tike to
know if all the Jury on this panel have
been canvassed nnd shall make In
quiries In regard to It.”
Senator Smith, who assists Mr. Rr-
win. arose and stated that the. qualifi
cations of each juror had been looked
"Well, if you have advised or have
been among these Jurors to canvass
their opinions In regard to this case,
the court considers it contempt of
court.” thundered Judge Bmtih.
••The court win go Into this matter
further." he added.
The court then udjoarned.
BUCKLIN’* ARNICA SALVEL
The best Mire In the world for cuts,
brut.'*-, rores. ulcers, salt rheum, fever
sorer, tetter, chapped hands chilblaini,
corns, and all eruptions, snd poaltlvabr
cures piles, or no pay required. it
1. cusran’ee.i to give perfect satis fas
tl n or in ney r-fur.ded Pn e. :5
i,-n:i per I i I-’r by il. J. La.
mar a gem. druggists.
HIS MI Mil.
Imim Hupei of said lui'iCO auu ailliilu
Doing Able to Control
tbo Strikers.
TWO HUNDRED CARS BEING RUN
Which Is Only One-»eveu(h of Ch
her Usually In Operation—>ev
Altercation! IJetue
tlco
»nil Former Employe*#
Brooklyn. Jan. 21.—President Lewis
of the Brooklyn Heights Company.
Stated late this afternoon that about
143 car* were running, an incroaae of
thirty-five over yesterday. He stated
that they were Juat starting to run car*
on the Oates avenue lino and seemed
eangulne of being successful. When
asked as to his satisfaction with tho
protection afforded by the militia and
police, he «ild he W30 fu.ly satisfied
with the Protection given by the form
er. When questioned closer regard
ing the protection given by the police
he eaid. after u pause, that he is sat
isfied with the protection given by
both..
President Lewis later Rave a detailed
list of cars In operation as follows:
Court street, thirty cars; Flathuah av
enue, forty; Putnam and Halsey, for
ty; Felton atreet, thirty-five; total. 145.
Tho total number of cars usually" op
erated by President Lewis’ system la
1,140.
President Norton of tho Atlantic av
enue system, stated that he had ope
rated coirs as follows today: Fifth uv-
enue, 28; Seventh avenue, 17; Bcrgan
atreet, 12; Vanderbilt avenue. 6; total.
President Wicker of the Brooklyn.
Queens county and Suburban system
bus eighteen cars running on the Sum
ner avenue line and six on the Broad
way Une. The latter were all run be
tween 4 and ( p. m. In all about 230
cars were moved in the city of Brook
lyn today. The number In operation
before the strike was 1,900.
In the 230 cars run are Included cars
which did not start until after 4 p. m.
and which "tapped after 6 p. ni.
At 2:30 p. m. a woman named Mrs.
Josephine Scigler was run over by a
ear in charge of u grecr. m'otoimun'
at Broadway and Hayward streets.
She wax 60 yean old. She sustained a
contusion of '.he hip and internal in
juries. She in in a serious cjtd.lion.
The mortorman was armted and lock
ed up. Witnesses »ay he was totally
Incapable of controlling tie car.
The Seventh regiment waa under flro
at a few minutes before * o'clock this
evening. Shota were tl.-ed fro.n the
crowd at the militia and iwveral vol
leys wero fired hy the troojia over tho
heads of the mob. So far as known the
only man Injured was Private Kr.nki
of Company H. He was wounded by
a shot from tho crowd. The trcops
engaged were six eompanlro of the
Seventh regiment. They were under
oommnnd of MtJ. Abra-ns and were
guarding the streets l»adln«r l
Rldgewo l 'I pot "f
Gatirt lirm li of the
Line
SB III SOI fl IB.
♦ n»w lUol.irt., Dah/I stasAsl a..
“*** w JJbVICIUU UVUUbiiU UJ luu
Supreme Court of the
United States.
PENNSYLVANIA IS RESPONSIBLE
i« Sugar Refineries Are
l»y Competent LestslMlv
•and Are Amenable lo‘
—Harlan Dlusente
cnarlsroit
> Roilles
\\ ushington, Jan. 21.—Hie important
ca '“ of the United States vs. E. C.
Knight Company et al. appealed from
the court of appeals for the third cir
cuit. involving the constitutionality and
validity of the "Sherman aml-ttUHt
law" in respect to tho operations of
the sugar trust was decided in the su
preme court of the United States to
day adversely to the contentions of
the government. The suit was be
gun in the circuit court of the cus
tom district of Pennsylvania and waa
brought, In brief, to compel tho de
fendant companies; the American Su
gar Refining Company, the Franklin
Sugar Company, the Bpreckles Bugar
it.lining Company and tlie Delaware
Sugar House, to cancel tho contracts
by which the stocks of the last foir
named corporations were sold to the
American Company, through John E.
Searlce, Jr., In exchange for American
Company stock and that their several
stocks be returned to them, on the
ground that the transaction wan In
violation of the act of July 2, 1890, end
that it effected a combination in re
straint of Inter-state commerce. The
circuit court diamlnaed the bill, and
the court of anaealM affirmed tnat de
clalon. Thereupon the United States
prosecuted Ua appeal to the supreme
court »>f the United Stab-* Chief jus.
tlce Fuller announced the opinion and
the decision of the court. After dis-
cusalng the legal meaning and effect of
the term "monopoly," the opinion pro
ceeded:
"The fundamental question is whith
er. conceding that the existence of a
monoptly In manufacture la established
by lilt) evidence, that monopoly cun be
direct-y suppressed under tho act of
congre.-a in the mole attempt by this
bill."
"The constitution does not provide,”
the chief justice said, "that tnier-atate
commerce "hall be tree, but by Ine
grant of this exclusive power to regu
late It, It waa left free except as con-
greau might Impose restraints, rherc-
f ire, K hot) been determined that the
failure of congress to exercise ihla cu-
du.-.lve i»»wer In any caae la an «x-
priBBton of its will that the subject
ahull be free from reitrktlons or Im-
poKltloi r< upon It by the several states,
ami If a law paaued by a state In the
exercise «f 1U acknowledged powers
comes Into • millet with that will, tho
i-curort .in : the state cannot occupy
the :>o»lti n of equal opp.cdng aov r-
■nstltutlon de
and that of the
ice thereof; and
■ ■ ;u i -I ,1i bl
tnng to
Griene
A ' ar
rest started
ter*4'o’clock. At aoout t
from the depot It wn* jureoundsd 1
a rnab. A detachment
It. 111'!.
• I K i
the Thir
teenth vestment, under MaJ. Cochrane,
chaiged the mob with fixed beoroneta
and the crowd scattered. August
Brown reoelved a bayonet wotmd In
the hip. He was taken to a neighbor
ing drug store nnd waa treated there,
uftcr which he went home.
At 6 o'clock tonight s feed wlre wan
cut on the Berg« stfeet railroad, be-
fween Roffcra and N°#tMnd avi*nuos.
Patrolman Ccfitina, wlhro wan riding on
a oar. saw four* men run, and tmvo
chase. He arrested Edward Duu.ni.
wim was recognised as * motoruwu on
the Sackett straw railroad.
At 8:15 o'clock a mob at ov'T 1,000
men mirroumled a Oste aivenue car at
Nostrand avenue. Sticks awl etonee
were thrown and Shota were fired by
men In the crowd. TOe rtserves from
the Ninth preclnot otvrtion house hur
ried to the wone. Attar some trouble
ami hard fighting .In which Ithree poWkio
were eerioualy Injured, the mob acht-
tcred.omcer Lewis Mmk-Rnn sustained
a fracture of the aku*l. Officer* Dennis
Burke nnd James L. CooMhnn were In
jured. but lea* serious,y. They were
hit «n the head by atones, crorkerv and
Other ntlsale*. thrown from houawtop*.
iMto this afternoon Elmer F. Van
dyke, 25 years old, of Now York, n
member of the Seventh Regiment, foil
ft am the Deeovtd etary «f the Forty-
seventh Regiment armory, rousing a
compound fracture of the aku'.l.
Andy Keefe was under arrest for
drunkenness nnd was placed In the
temporary guardhouse, where he tried
to ewovpe hy lowering himself by
means of a rope made from ilia under-
elortie*. The tope parted and he fell,
seriously hurting himself. Notwith
standing numerous outbreaks casual
ties were few.
The presidents of the o*r companies
who announced last night that they
would operate their I lima until mid
night tonight began to weaken before
6 o'clock.
The demand for Dr. Prtec'i Baking
Powder on the Pacific const has more
tlrtn doubted since It received the high
est award and gold meal at tbe Cali
fornia Midwinter Fair.
TROOPS IN BROOKLYN.
The First Brigade to Now York Hna
Been Ordered to Brooklyn.
New York, Jan. 21.—The first bri
gade, under command of Gen. Ionia
Fitzgerald, ordered to Brooklyn to
supprean 1ho riots caused hy the trolley
enr strike, arrived In Brooklyn early
this morning. There are over 4,400 men
in this brigade. The Ninth regiment
raf 700 men were the first troops to
ernes Hast river to Brodtlyn, leaving
this city shortly after G o'clock. The
tiocond regiment. <00 strong, followed
slxirfy after and viy % o’clock the
brigade fcsd started fr Brook.
lyn.
Before the First brigade waa ordered
under wrnva there were nbont 3.000
troops tn the Second brigade on duty
In Brooklyn. These, with the soldiers
of Gen. Fitzgerald's command, either
tn arm* now or who write teach ehrtr
n-gimenu during tbe day, wtli, U la
estimated, form an army nf between
7,000 and 8.000 men to protect the In
terests of the trolley rnCwaya.
HOLD RESEllvS”
Wi'hlonop. J»n. Ml.—The treasury
gild reserve desUnOd again tixhty,
a land log at tbe close of bow new at
>.1*53,117. Tha arnoaot lakfo oat it
Stiff York t.-fcijr \vb* fiUO.OOV, or
m-tilcti! wuh for expire.
ALL DISEASES of the blood are
** r e.! r.y Ho <1\ Sars.i; .1: il... w(i:-h
by Its titii.ii.ig, em
PURE QLOOD.
•Rlll.Vt
i us pon
iy repriv- such
monopoly directly and Oet aside the
Instruments which have created It. But
this argument cannot be confined to
ncccrtsarics of life merely, and must
Include n l arttclm of general eensump-
tion. Doubtkro the power to control
the manufacture of a given thing In
volves, In a certain sense. Its disposi
tion. but this Is a secondary and not
the primary amnse: and although the
exercise of that power may rezult In
bringing the operation of comenerce
Into play. It dors not control It, and
affects it only Inddentolly and direct
ly. Commerce succeeds lo manufact
ure. I* not n part of It. The new
er to regulate commerce ta tha power
to prescribe tbe rule by which com
merce. shall be governed, or whenever
the transaction itself ta a monopoly of
commerce. It la vital that the Inde
pendence of the commercial power and
the police power and the dellmlii itlnn
between them, however, soma times
perplexing, should always be recogniz
ed nnd efcoerved, for while *h" one
furnishes the strongest bond of un
ion. the other la easentlil to the pres
ervation of the autonomy of the states
as required by our dual form of gov
ernment; and acknowledged evils, how
ever emergent they may appear to he.
had bettor be borne, than the fl*k be
run. In the effort to aupiweae them, of
more eertoua coiwequencC* by resort to
cxpedlent-i of even doubtful constitu
tionality.
••It auu tn the light of well rootled
principle* that wben tbs net of July
2, 1890, was firmed- congrtn* did net
attempt thereby Ho assert the power to
il"D with monopoly directly aa such,
or to limit and restriat toe rightn of
coporatlcan by ehe states or the citizen*
at abe states In the acquisition, con
trol or disposition of property, or to
regulate or exp re** the price or price#
at wthicb amah property or the produot*
thereof should be sold; or to make erlm-
lml the sots of persons in the acquisi
tion. and control of property which
the elate* of their residence or oread-
tloti aerationed or permitted. Aside
from <fle provisions applicable where
congress might exercise municipal
power, at wtixt (he law struck was
combination*, contracts and conspira
cies to monopolize trade and wnmiero*
among the several statea or with for
eign nations; but the contracts and
acts of the defendants tinted exclu
sively to the acquisition of the Phila
delphia refineries and (he business of
sugar refining In Pennsylvania anil
bore no direct reHtlon to commerce be-
t»wn Khe states or with foreign na
tions. The object was manifestly pri
vate giln In the manufacture at the
commodity, but nod through the control
ts time that the bill aD kM -'.’git the
of Inters ato or foreign commerce. It
ppsludts of these refineries were sold
and distributed omong the several
states, mad that gU the companies Were
engaged In trade or commerce with the
severas sUin and with foreign na-
tmt this wa* no more than to
at trade nnd commerce served
icture to fulfill Us function,
was nothing In the proofs lo In-
any intention to put u roatrnlnt
trade ore >mi near e, and the fket
have seen, that trade or com
merce, might be Indlrertly affected was
not enouarh do entitle complaint* to a
dir re*. The subject matter of tbe seme
arm Wasn't of manufacturing stock,
and the relief sought was the surren
dering of property which Sad already
p-irwd nnd the aupuremlon of «he al
leged monopoly In manufacture by the
rertornUon of toe status quo before
the transfer, yet (he not
tlons:
upon
transfer, yet the an: of congrets
>• .-"ithorited the circuit oOurts to
proo-eil by way of pteventing and re-
stralitoig violations of the act In re
ar Intereetatc
Of aiqieals did not err in ndlrmlng th.it
decree. Docnv affirmed.
The dissent of .Mr. Justkso IUr>n
from the .iudgiment ot cog coun -was
a vigorous ntyument devoted to the
airnnord of r.wo mmallliuii. 1,1 ret. that
the sugar trust wa# u combination In
[eati-Mnt of Interstate commerci', and,
therefore, unlawful; and. second, Hunt
nat.onal government alone was
oufficiently powerful to wuecessfully
oopo with sudt ap. organization.
BIG LIBEL SUIT.
IV. O. MoAdoo of New York Want*
Damages From the Chattanooga
Time*.
Chattanooga, Jan. 21 .—Notice of a
auft tor 125,000 damage# ngiUnst the
Chattanooga Daily Time# wa# filed to
day In the circuit court of. Hamilton
county by J. H. Barr. The writ la re
turnable to the May term of (he count;
meantime, (he dee's ration reciting the
specific grounds of complaint will bo
filed. W. G. MoAdoo of Now York 1#
the complainant, tho suit growing out
of the investigation of the chargee pre
ferred by him before (he aerate com
mittee against C. D. Clark, whose con
firmation as Judge Key's suceesHor to
(he federal Judgeship for the middle
nnd eastern district of Tennessee wa#
reccmaMerod. HU law partner, Mr.
Barr, waa seen and stated that (he
Time# had bitterly, nnd, MeAdoo al
leged, maliciously maligned Ida motivea
in Ws course In the Clmrk case. Tlio
pubileaftfonjn the Times declirad par-
tloularly libellous are a tpcclal from
Washington dated January 9, from
which the folowlng Is taken:
"He Is reported to bo very vindictive
and extreme, claiming '(hat his packers
will spend 910,000 on the case if neces
sary. He Characterizes the 'hearing by
J ii 1grs Lurton and Key a farce nnd n
crooked decision; that he and this peo
ple were .not allowed a fair hearing."
January 11 the Time# said editorially:
"Mr. William MoAdoo'^ latest exploit
mdtoatcfl to u# that tho young man
has cost hi# grip on hts mental equip
ment. The man must either be ct fool
or orazy wlho asserts that a deliberate
decision by Judges Lurton and Key Is
a crooked' thing. He must be one or
spend 810,000 "fighting the l«me of
Judge dirk's commission.' Does this
poor fellow mean that? 1IU people
proposo to bribe (ho nenate judiciary
committee? His i.mguage imports sa
much."
The Objectionable special was reed
in court last week. Judge Key on the
he.r.Oh, by Barr, who denied Its state
ments emphatically. MoAdoo wind
Ms partner lust Saturday 10 prepare ''h#
papers acid to see Chat (hey be record
ed. He Is quoted 'here as faying In an
Intervkhv:
■*D.x> reports. in the Olrttttanoogn
Times and Nashville American, ortarg,
Ing me with raying (hat (he opinion
rendered by Judges Key and Lnrtou
regarding Judtge Clark mis corrupt and
crooked are false and ware Invented
to prejudice the sentnte committee.
The Chattanooga Times' state>tnanit
chat my ■backers would spend 810,009
to detent Judge Ciarke 4s so ridlculotmly
fa se that n thirdly needs a denial. The
Times articles toudhtog 'this question
have been a eerie# of falsehoods n> far
aa they purport to report my nr.tltude.
BIO FAILURE AT BINGHAJ1TON.
fnvjrds With llio
I’olice Commls
in lTsoi
Aliautti
TRE COMMISSION MAY FIRE AKA)
Hobo & Sons File a Deed of Assign-
t ment of All Their Pporerty.
Binghamton, N. Y„ Jan. 21.—State
Bank Examiner Clark, who. for aev-
ernl day* past, has been examining the
book* of tin* Mechanics’ bank < f thin
city, ordered the do-ors of tb it lmu-
tutlon closod at noon today. The um-
Mont of tho bank U K .1 -t i. j;., ^ , i
J>'.' « I" ' l I'.. ;. 1 .Mint : . ok
net! .', fully ".t-' ! a- 1 .»sextant ... i-
clrtnir 1
ink
soon nugimented by tho announcenit'nt
that the private hank of EnuRti* Hum
St Bona, had temporarily auspeudod
payment, pending an invcetljritlon of
Its affairs.
In condderation of the gum, 11, Rim
A Sons have given a general mortgage
on two blocks owned by them for 810,-
000 to the Merchants' bank to eccurs
their Indebtedness. At 12:33 p. nt. all
the membea of the Itoau family made
a genera! alignment to Senator Ed
mond O'Connor.
It In believed that the depositors of
the Merchants' hank will be paid In
full. The private hank of Rosa A rtone
today returned all deposits made this
momins. It I# claimed that tha tii'i-
eern Is In no wny Involved.
The Rem family Is one of the wealth
iest nnd most prominent In tbil city
nnd own much valunblo property in
this city and vicinity.
FATALLY INJURED.
A Falling fiauffokllng ta Chicago In-
Juros Eight rertple.
Ohleago. Jan. 21.—A large section
of sroffolillng surrounding (he Imp mo-
rles of toe Fort Dcaffborn bu hllng, n
twelve-story structure in course of
erection at the corner of Clarke and
fifonrov streets, was blown serous the
street by a violent gust of wind this
morning, srrtxaMnc toe ptete gloss win-
ilowk of « number of wtores and injur
ing elgbt pedestrians, one of chum, II.
H. Erwin, agent for the Bundy Auto
matic time recorder, fatally. Mr. Er
win’s skull waa fractured and he was
«.!« • Intornully Injured. Ho was taken
to the county ‘hospital. The Injuries at
tho other seven aare not serious.
Sweet an n fresh out flower Is Jhe food
prepared wkh Dr. ITIces Cream Bak
ing Powder.
NO DECISION RENDERED.
Philadelphia. Pa.. Jtn. Jl.-Zack Ererliardl,
rf New Orleans, snd Owen Zeigler. of Phlls-
delphla. met In a four round bout at the
Winter Cirrus building tonight. The fight
was eompxratiraly tame. Both mrn seemed
lo hav* a wholsaomo reaped for the other’s
punching abilities, and for the Aral three
round* thev spent mors time in hanging
sronnd each other's neck than fighting, with
Everbardl having a shade the heal of It in tha
last round. Zslgier got In aims stiff punches,
lml neither man waa in any distress shea
time was called. No decision waa rendered.
FIRE AT FLORENCE.
Florence, Ala.. Jan. it The American
Hotel, a largo brick building horned at 2
o'clock this morning. A number of guests ia
tbe house Inst 'heir personal effect* lml no
live* were toil. Home o'the gneeu hail to be
dragged from the building. The fire is be
lieved to have been of tncendary origin. Thia
Is tbs third time in leg year* disastrous file
hare ocenred on the same premises.
Employment Granted to a Camp to
Hon I born (tenalgia.
Atlanta. Jan. *1.—(Special.)—Peni-
tentinry Camp No. 2-Was granted per-
mkfdon today to employ Its convicts
In building the Hqwktmsvllle Bouthern
rallrouj in Worth county and a branch
ramp authorized on the line of toe
Georgia Southern and Florida 40 prune,
cute tfihi work.
OH. WHAT A COUGH.
Will you beed the warning? Tha
signal, perhaps, of tbe sura approach
of that more terrible disease, consump
tion. Ask yourself If you can afford
for tire asks of saving SO cento ran the
risk and do nothing for It. Wo know
from cxparlnoco that Shiloh’s Cur* will
cure your cough. It never falls. Thli
explains why more than a million bot
tle* were sold tha paat year. It re
lieve* croup and whooping cough at
ones. Motl -a. do not be without It.
For lame back, aids or rheat. us* Shi
loh's Porous Plasters. Hold by Good-
wyn A Em :: Dro.- C-mpsay. corntr
Cherry street ar.i Cotton avenux.
y Do, the (ounell Is Not In An]
y to Ulemr, and the Fight Is
Itesnrftvrt as a Do"-FaI 1 of
tli<q investigating ISortles.
Atlanta, Jan. 21.—(Special.)—'ThocUy
council anil tho board of podteo oom-
nilaedoners bad a dbs fall of It this af
ternoon In 'their fight over the diatgas
against the datiiaotlres and the conmn-
plaied Invosllgailmi of ^be police d&
pUKOMgtL
The ootindl oommirtoe, it mill be re-
membored, reetimmonded, In Its report
exoaonatflug Oapt. Rtkeg, clerk of the
police court, ihjt tbo urjj-or appoint
auither committee no lnvrottgxtio the
police dcTuranant. The .police commis
sion refused ito acknowledge tbe right
of tlbie council to iMmliuit un Inveigltri-
tion over its liead, and defying that
body, announced Stag It would take
tho :nruat!{htion Into Itn own (hands,
rile rupture btinviien' itito nominlstslon
and the council, tuhlorl to itlnn other
ehlrg'is of “poIlUcB" in the Invetstig.i.
tlon, rnado tho outlook for tfflio council
meeting this ofltionuxm rtrher squally.
The council was about equally divided,
one *:do supporting the mayor, who is
put forward ns the cbtiuipion of tbe In-
vcsHfflxtlon, and -the oUhor upholding
the police cam,minion. Amter a tong
wrangle the rttpont of the council com
™**4 eronan.tl.lng Biker and cilllns
upon the m'jyor to appoint another
committee, wa.* adopted, hut a subse-
quetrt rosolutlon carrying into effect
tbe council'll action in accepting 3he re-
I>ort by .xuthorlzlng he mjyor :o sp-
Iiolnt 'toe now comaUt tee and begin tho
turning on of light* wjs killed.
Aa the nuiter now stands tbo police
commission con go ahrotl and '.uvestt-
ftato tho dopirunent on its own hook
with the tlire.it of the council hanging
over -their fauids that If they don't di It
thoronglily they'll bo invee-criuvl
thomsa.rtw.
A .culinary poem, a household tri
une* food cooked with Dr. IVice'a
reun Baking Powder.
KRIMAfETT A CRANK.
He DM Not IniUJc Governor Atkin
son’* Office Yesterday.
Atlanta, Jnn. 21.—(ttpMlal.)—Mr. F
Krlminel!. the New York banker an
immigrant agent. Who thlnlm ltls fin
' I'•••■ii,') i ii' :.il In \Y .It ... t 1,
tw publicity given ito lila 1st tor -1
on. It
Georgia at tit piThead*tivto too w* ato
btektr. end so notified the writer when,
be dermnded s return of thetiovel doo-
ument.
Mr. Krimmett oonshlerrel that his
house had been treated with contempt
by tfv* trade (if Georgia and (hat was
what rufftod his feeling*.
It Is underatooil from MaJ. Charles
. Hubner, to Who Mr. Krimmett first
wont for nitlsflactl'm. on Kitunl.ty,
that the govranor referred to rhr New
Torker’aproposition aa a "curiosity” In
his letter to (hem and regiiMetl It as
toe emanation of some crxnk'o bi'iiti.
MEDICAL EXAMINERS.
The Governor HM to Nominate Sosno
New Examlnm.
'Atlanta, Jan. 21.—(BpednlA-Th*
state board isf medical exxmlners will
hold toclr first mealing at toe ropttol
tomorrow morning. It t* not known
wbo are being considered for the presi
dency of the oilier two boards, but It
Is understood tout Dr. F. il. Rlilley
nf La Grange will be made president
or (h* mtiopnnhlc bou~d.
Governor Atkinson bail to fill another
vacancy on tbe bomrapathlc b ,anl nf
rocdlcil examiners, caused by the decli
nation Of toe first appointee, today
This, -whlrih Is (he (hind, was Dr.
Geiger of Oofiib county He baa aban
doned homeopathy, nnd the governor
named Dr. Hertman of Atlanta in his
piice.
A RETIRED BUSINESS WOMAN.
A Page From Her History.
Th© I i>.jr irit cxpcrlorm© of oth« r- ar*
r. •.16 Oil account Of rny i,.-,lih. a i.i,.,
uitoldtaTKndatljAlfrnuid not ifjia
month. My f.-t lhnhsw. ro fi.nily swol-
i * VMS I '■ ' I In it rio.,-4
* •• « " • re '■ -I n 1 y . •
I»r MU. N» v» H. ,r' . i, r* h , ,
■ ,l.-r. wl... ha.l t- •,m...|...| witt, h. ,rr ,1
• y < '. ur *i' 1 i" y ,h " rotnvily. snd »
<»!•' •.rei.ir.":
■: ,
• -
»i..iV«", r w,'wm'm‘ h ,V ■'
. \S II irrl
l»r. Mil. b-
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r’^ai' 2 : ' fiw’v t:»U
t asa.erwus tiru^i.
a.