Newspaper Page Text
THE TWJLCE-A-WEEK. TELEGRAPH
•f (TUESDAY, MAY 7, 1907. >
FIRST OPINION
EXPRESS RATE CASE
5HT?
TVA
state Cemrrt
dered ::s :::
volvlng :he
press r:i:
the Po. ;r v
cialmed thru
United Ft it<
cur lower.' f
New Y rk c
cesslvo and 1
'OX. M,
ay 6.
1 'in
L* '
A irier I
can
the rate
e Inter
ns ren-
ise in-
an ex-
■ 1 brought by
orlsts. who
fed by the
mpany on
New Jersey points to
was unreasonable, ex-
In July, 1906. the
reas-d from 50 cents to $1
pounds.
The commission rules that the rate
should be reduced to 60 cents per
hundred pounds and holds that the
express company '\annot Justify its in-
nMN In rate by the mere production
ef lti contracts with its.- own atfaats
and the railroad companies.
Jnju
hundri
FRED. IV. WERTHEIMER
COMMITTED SUICIDE
NEvr YORK, May 5.—Frederick: W.
Wertheimer, 34 years old. and a married
man. said to be manager of the Hotel
Fairfax. Norfolk. Va., committed suicide
by shooting in his apartments in the
Hotel York today.
Wertheimer registered at the hotel yes
terday afternoon. Nothing was seen of
him until late tonight when the door of
his room was broken in. He was found in
bed, the right side of his head literally
blown off. No motive could be fixed for
the suicide.
Wertheimer left the following note:
"To my mother and my wife:
"I am very sorry to do this. The ill
ness that I had long ago rrcyefl upon my
mind ami I am afraid that it will drive
me Insane.
"Your ddespondent,
x "FRED.”
PARAGRAPHS BONILLA DEMANDED
FROM NEW YORK CITY! RELEASE OF
Wertheimer Owned Property.
NORFOLK, Va, May 5.—Fred W.
Wertheimer, who is reported to have
committed suicide In New York to
day, was manager of the Hotel Fair
fax and presldftnt of the Pacific cor
poration. The hotel was opened April
23. Wertheimer owned considerable
property.. A recent Illness coupled
with the responsibility of his new un
dertnking, is supposed to have affected
his mind.
NEW YORK, May 4.—In this sea
son’s fashions, -the prevalence of the
Japanese sleeve Is the most notable j
feature. In one type or another it will j
be found in gowns and coats of widely 1
varying character. This fashion nat
urally follows the long shoulder effect ,
that Is found successful in the dainty I
costumes intended for early summer 1
wear, as well as in tailored gowns.
This new oversleeve, which Is usu
ally made in one piece with the over-
blouse. is allowed different treatment •
In the aim for original effect. In band
form, or draped. Us prominent position
affords ample opportunity for trim
ming. Voiles, chiffons, foulards and
organdies with wide borders, give the
bast effect to the Japanese sleeve and
are used to a liberal extent. The un- :
dersleeves and gulmpe. which com- I
plete this gown, are of lace or some :
sheer material, inserted with mechil- !
lions of lace or fine embroidery. The
transparent sleeve and semi-trans'par- .
ent sleeve will be used throughout the :
spring and summer.
Many of the dressy coat suits are
accompanied by a waist which serves
to complete the costume when the
days grow too warm for a coat. The
over-blouse with the Japanese sleeves
is almost Invariably the style chosen.
Original lines by slashings made to
how the gulmpe gives it a pretty ef
fect. The waist is made either of the
same material as the suit, or of silk
or crepe de chine matching its color.
BRUTAL ASSAULT. ON AMERICAN
NEGRO DAVIS BEING THOR
OUGHLY INVESTIGATED
JUDGE FARRAR TELLS
OPINION IN SUIT FOR ALLEGED
FAILURE TO DELIVER TELEGRAM
President Has Power Under! other can be regulated.
“Thirteenth. All agreements
(Special Correspondence of Associated
Press.)
PUERTO CORTEZ, May 1,( Via
Mobile, Ala. May 5.)—The investiga
tion and taking of testimony in the
matter of the brutal assault on the
fruit Inspector, Davis, by soldiers of
Nicaragua ^nd Honduras police was
placed In the hands of Capt. Winter
halter and Acting Consul Greely. They
are making the examination very thor-
ughly and have not concluded.
Yesterday. April 30, Commandant
Manuel Ito Bonilla, of San Pedro, and
Dr. Mitchell, American, consul at San
Pedro came to Puerto Cortez on a
special train with communications
from the provincial president, Gen.
Miguel R. Davila, to confer with Capt.
Fullam of the Marietta and to demand
the surrender of the policemen now in
irons on the war vessels .to the au
thorities of Honduras.
The mission was a failure as it de
veloped that no courts have been fn
existence in this department for more
than thirty days.
The civil and criminal authorities,
Grant to Establish
Post Hoads
New Orleans
Lawyer's Solution
, — — -.also the militarv authorities of Hon-
The-undersleeve., and gulmpe are of duras , ha( i faIled to enforce order or
ace or net of corresponding color, and | lav-in fact, only military rule pre-
iatticed . with narrow bands of velvet • vaIIed and that has inadequate
Ji bb ? n - Protect life and property.
• font and back and finished at the neck capt. Fullam and the consul having
“ : undertaken the investigation and the
condition of Davis being serious. Capt.
ITALIANS CAUSE RACE
RIOT IN BUFFALO. N, Y.
BUFFALO. N. Y.. May 6.—The nearest
thing to a race ( rlot Buffalo has seen in
rears was preciptftted today when an Ital
ian parade .attempted to spread Its ranks
arm's Main street and stop street ear
traffic. A motorman ran his car through
the procession. A running fight ensued
that spread along three city Mocks. Re
serves of police wielded clubs with vigor,
policeman seized switch irons from trol
ley cars to use in their defense. After
rnty minutes of fighting during which
s than a score of policemen fought
:d to hand with more than 100 armed
Italians, the Italians fled, leaving the
worst wounded of their number with the
police.
One seregant of police was stabbed.
Th.- rioters retired with cut and bruised
heads.
hnr
KINGS AND QUEENS ON STRIKE.
There i = no monopoly In strikes.
We recently had the music hall strike.
Paris was affected by the electrical
strike, and Germany feels the effects
of the dock lock-out. In their time
even royalty have gone on strike.
Probably the earliest account of
great man striking work is given in
Homer’s Iliad. Achilles was the great
hero of the Greek army, which was
hrsievinrr Troy. Ho was the terror of
the Trojans.
But atr. tig some Trojan prisoners
captured by the Greeks was a beaut!
fit: maiden named Brlsela. She was
h inded over to Achilles as his share
of the plunder. Soon afterward, how
ever, she was taken back again. So
annoyed was Achilles that he prompt
ly went on strike.
For something like a week he sulked
in ills tent, declining to go out to
fight. During this time the Greeks
deprived of his skill and valor suffer
ed severely. Finally, they had to ab
jectly request the Injured herojt.0 re
turn to active service practically on
his own terms.
Several kings and at least one queen
have gone on strike. There was
Phillip V., who inherited the Span
ish throne when a boy. He felt like
a prisoner in Spain. The rigid eti
quette of the Spanish court cramped
him, and the Spanish statesmen inter
fered with and dictated to him- in
nearly everything.
Finally he could stand it no longer
and went on a strike. He passed on
the crown to his son and retired to a
house in the country. .
He was only 41. Everybody
thought thnt he had many years of
sulking leisure before him. But his
son died after a reign of but s<?ven
short mor.ths._ Philip's strike came to
c.n abrupt en’d. He put on his own
crown again and wore it during the
next twenty-two years.
Our own King William Til., went on
strike for pretty much the same rea
son. He came to England with a
Dutch army to help the English
against James II., who was ruling
Very badly. .Tatr.es tied from the
country and the parliament gave the
crown to William.
But having made him this present
the parliament thought it could treat
William just as it liked. They inter
fered with him in an exasperating
way. They started out by expressing
the fear that the Dutch soldiers he
had brought with him art their request
and to help them out of their trouble
were going to he used to enslave them.
So the Dutchmen were sent hack
home.
Then the Parliament hinted that Wil
liam was giving away too much to his
friends. So titer compelled him to take
hack all he had given to tile ancestors of
the present Duke of Portland and several
other noblemen Subsequently It occurred
to them that William, being a foreigner,
ought not to wish to have any real snare
In the governing of England, hut s amid
be content to remain mi
puff sleeves terminating in fancy cuffs
with tab ends meeting at the top and
trimmed with buttons.
Parasols are quite essential to have
in this summer’s wardrobe as are hats.
Such a variety may be found, from
the expensive and very dressy ones in
renaissance laco embroidered with
soft pastel colors in ribljon effects, to
the simple machine-made one of pon
gee or white linen. There are pompa
dour design' shown in exefuisite tones )
of flowered silks ar plain taffeta and ;
covered with flowered chiffons. Some I
are finished with an accordian pleated I
ruffle of chiffon with rushing at the 1
top at the bottom. For'plainest wear. ]
there should he something substantial j
such as a blue and white pin stripe. 1
a plain dark blue, or one checked or |
barred. The "tieile’’ green, which is
the season’s novelty color, makes a
handsome parasol. The handle is usu
ally a straight and polished stick'often
in imitation of mahogany. Very few
fancy handles are seen, although some
jeweled ones are shown by the jew
elers.
Lace Is used -extensively in decorat
ing nearly all “the newest costumes,
and on some models the bodice is
made almost entirely of white, cream
or ecru lace, with straps or embroid
ered bands of the material to give the
color.
There is a great deal of embroidery
used this spring, and many of the
finest voiles are worked with silk.
Many skirts have embroidery as their
only trimming. The soft materials are
tucked or laid in folds, while the cloth
skirts are plain and fit closely.
Voile is unquestionably the most
popular material for reception gowns
and* afternoon dresses this season.
There are coarse voiles very nearly as
heavy as canvas, and there are also
qualities which are almost as fine' as
chiffon. The plain and fancy, striped
and figured, dark shades and light are
all to he found in the voile of this sea
son. It is made in the most severe
tailored costume, and also, in the dain
tiest robe suitable for weddings and
luncheons. It certainly is better to
Fullam refused to surrender the pris
oners and the commandant, Bonilla,
left on a special train in a bitter frame
of mind, expecting to return today.
Today the commandant at Puerto
Cortez was relieved and Gen. Juan J.
Estrada of the Nicaraguan forces, was
placed in command.
No news comes from the interior.
Telegrams and cablegrams are censor
ed and only forwarded with the ap
proval of Gen. Estrada.
WASHINGTON. May 6.—The fol
lowing letter was addressed to Presi
dent Roosevelt by Judge E. H. Far-
they
make with each other, in regard of
joint rates and pooling agreements can
be controlled.
“In order to get this absolute con
trol the power to organize these cor
porations must be pitched on some
grant of power in the constitution
which is not only exclusive, but which
exerc * se ’ s a ’' pervading. j Speer’s decTsion in the Purdom Naval
among the States and with foreign na- - tores Compan> -uit against the
tion' is too narrow for such purposes. Western Union Telegraph Company
Judsre Speer Overrules De*
mnrrer of Western Union
Co. and Orders Trial
Proceed
the owner sold the property to an
other. in which event the injured party
might recover the difference between
the original contract price and that
which the owner received for the
property.
Under modern conditions. American
courts have gradually recognized thia
rule as obsolete. It has been accord
ingly held that where a telegraph com
pany fails to deliver a message, and
because there is an immense mass of for the alleged non-delivery of a tele-
commerce in this country which is en
tirely beyond the control of Congress.
Transportation as an element of com
merce ctn only be 'regulated by the
Congress in so far as it is interstate or
rar, of New Orleans, on the 22nd of j foreign transportation: than there is an
April. Judge’ Farrar had an inter- 1 immense mass of transportation which
view with the President yesterday on is absolutely intra-state and .over
the subject and with the President’s : which the Congress. b.V virtue of its
permission and at his request gives ; commercial power, has no jurisdiction.
t.he letter to the public for considera- > ‘“Put the fvewer to establish posit
tion and discussion: roads is co-extensive with the limits
"New Orleans, April 20, 1907. j of the United States. It enters into
“His Excellency, Theodore Roosevelt, t every remote corher of the territory of
President of the United States. I the United States, and extends from
Washington, D. C. j every point within the territory to ev-
“Sir: The transportation problem ery other point therein. It gives the
In this country has assumed such an ■ Government power to establish a post
acute phase that it must have a sat- ! road from every point to every other
isfactory solution. So long as there j point: to nationalize these roads: to
is divided control over the great pub- ■ provide all the terms and conditions
lie highways and the corporations that j for their, use and operation: and to
manage theVn, no such solution can ! create corporations as instruments to
Following is the substance of Judge ■ party thereby lost the opportunity to
' ' ' . purchase for three thousand dollars
land which was worth five thousand,
he might recover the difference, such
j damages not being remote or con
i' jectural. The general rule then, which
! the majority of courts now hold, seems
"The Purdom Naval Stores Company ; f 0 b e that the proper measure of dam-
brings^ its action for damages against ages is the difference between the
the Western Union Telegraph Com- contract price, and the market and
pany. for an alleged failure to deliver ' ac tual value of the propertv at the
a telegram. The petition states that on time of the prop osed delivery, or
gram:
September 19. 1905. the Pinevilie Na
val Stores Company made to the plain
tiff an offer in writing, to sell its tur
pentine and naval stores business, with
all property and effects, located at
Hahira, Georgia, for the sum of $13,-
900.
property in question, is as follows:
"We offer the above property when
execution of the contract.
! Under the allegations of the peti
tion. the property was to be delivered
when the Pinevilie company had fin
ished their year’s business. In order,
tne a sur " K ? 1 ! however that It may meet, if It can.
This offer, after describing the j the averments and P r 00 f Q f the plaln-
! tiff as to the market and actual value.
5L - . . it would seem in accordance with the
Tnr si"\nn" n ^R-n'rwmlntVhow Urm! i rules of correct pleading that the
for $13,900. B> agreement these terms t Qiiimts ha more
were left open for acceptance on or be
fore October 4, 1905. On October 3,
I. W..Purdom, president of the plain
tiff company, delivered to the defen
dant’s agent in the city of Savannah,
mauogo mem, no such suiuuuii ran | um,i: tuii.ui jui'jis «s uiau umeiiis i>j telegraphic accentnnee of the offer
1 ea ^f ^ ^ u “‘:P“ b !LL. CO _ r ?° r f: I J.*L3* ” er - ; made V the Pinevilie Naval Stores
telegraph company should be more
definitely apprised of the time when
possession and delivery wore to be ac
complished, that is to say, the time
when the year's business was to ha
finished.
An amendment will be required ns to
STARVED TO DEATH
DOVER. Del., May 5.—The tody of
Horace Marvin Jr., which was found
on Saturday lying in a pool of water
less than half a mile from where he
was last seen playing on March 4, was
intered today in “Bay Meadow Lawn' 1
on the Marvin farm.
All the little fellow’s playmates and
fully a thousand neighbors joined the
Marvin family in mourning his death
and attended the funeral services..
Prior to the funeral twenty-rour
men, composing .Coroner Colloway’s
jury, officially identified the body and
authorized the performing of an
autopsy. The jury was then discharg
ed to reconvene at the call of the Cor
oner. There is much talk to make it
appear that the little boy for whom
detectives searched so long wandered
away and fell exhausted into the pool
on the marshes where his body was
found.
Drs. James H. Wilson. Wilbur D.
Burton. William E. Hoey and Alfred
Robyn, the latter a bacteriologist, are
trying to determine the cause of death
for the Coroner and have decided that
the boy did not drown. No marks of
have a suit of voile than anything j violenc*-were found on the body and
else, as it is the most fashionable ma- ! the physicians say that a ridge across
teriai, and gives a satisfactory amount 1 the back about four Inches wide, which
of wear. Striped voiles are perhaps , was at first thought might have been
the most in favor, but checks and fig- ! made by the wheel of a wagon passing
ures are also much worn. There are over it, was caused by the body
often two shades of one color in the
striped voiles, but the most popular
is a narrow strine of a decided tone in
combination with white. The majority
of veilings are made up over white, so
that the character of the gown must
be brought out in the trimmings which
are decided and striking in colorings.
A white and pink striped voile might
be trimmed with a deep ro'e velvet or
ilk. If the veiling is a deep carnation,
a touch of pale blue in the trimming is
extremely smart. B'rown is frequently
swelling on either side of the waist
band of his kilt suit. The stomach
which was removed by Dr. Robyn, was
empty and the child may either have
been frozen or starved to death. The
condition of the stomach indicates, ac
cording to the physicians, that the boy
suffered privation for at least forty
hours prior to death.
Many of the jurymen and detectives
are of the opinion that the boy wan
dered around his father’s farm and in
his efforts to get back home over the
used to bring out the color of a pale j frozen marshes, became exhausted and
He
*0 perform his royal functions, and an-
liouneed l'.is determination to go home. It
was not without a vast amount of trouble
1 .* was at last ir.iii , r.i to remain.
The late Queen Victoria once went on
strike. It w..s when she had been on the
throne only a short, time. Nowadays it is
the custom of the mistress of the robes
tin,! th" other chief officials of th? royal
household w’10 are apnolnted under one
rritu.- minister to resign when another
prime minister takes office. But at that
time j- was not the rule, and the young
er'-en ht,» come to rely on the ladle's who
surround-d h r. t) that she was unwilling
to ;■> -rt fr m them.
!. --ii Melbourne, the Queen's first prime
minist' r. was defeated and had to resign.
l*ir Rohi rt Peel was called on to form a
government He called for the resigna
tion of *h.e ei-i *f members of the royn!
household. P* el was a Tory, and as the
mistress of the robes and the other ladies
n- i.-uiy i>e e:is- .1 to Whig families, he was
af-iid they would influence the young
Queen against him.
Hut Queen Vietoria refused to part with
t o great ladies to whom she was used.
• na who were friends. The Purr.. \s
who then happt'ted to be the mistress of
the robes, backed her up. Queen and
Dueh.ess wen; on strike together. Feri
would not ncrent oflTiee unless he had
his own way. and Melbourne had to be r -
blue, pink or mauve.
The very latest in a tailored suit is
the cutaway coat. The style is suita
ble to be made of light-weight cloth,
plain, check'd or hair-striped, for rajah
in plain or novelty weave, in panama
or voile. The closely fitted coat is
fastened with three large buttons a
little to the left side. A dart Is taken
in each front, which assists the shap
ing. while the side seams in the back
end in underflolded plaits below the :
waist line, the coat being hip length.
The neck Is completed by a mnnish I
notched collar. Coat sleeves with cuffs j
or stitching at cuff depth are provided, ■
and -the top may be gathered or plaited, j
The skirt to this costume is of nine j
gores, each being laid in two overlap- i
ping plaits, which the seam is hidden 1
by tuck-stitching.
Separate jackets have the same i
graceful curves as the cutaway coat, :
and being worn short, are decidedly !
chic.” They emphasize the slender
waist and this effect is increased by j
the side front and side back seams. :
These seams are covored with shaped I
bands, which rake the curve of the i
ide sections in the front, rounding to :
the underarm seam, and in the "back ■
thev extend from the shoulders to the ■
bottom of the coat. A smart addition
may be had by having a vest section
which buttons high above the lower
,lge of the notched collar. The cuffs
may be close-fitting turn-back, or
stitching at cull' depth.
fell into the poodl. where he died from
exhaustion and privation. A few still
believe that the little fellow was mur
dered.
SOUTHERN MEN MAY GET
SOME.OF CANAL BUSINESS
NEW ORLEANS. May 5.—The party
of business men from several Southern
cities, who left here twelve days ago
for Panama canal to present com
plaints in favor of Southern produc
ers in supplying canal commissaries,
returned tonight on the steamship
Ellis and reported that they had been
unexpectedly successful.
M. B. Trezeva'nt, heading the New
Orleans contingent said that he was
authorized by CoL Goethals to an
nounce that ’a change is contemplated
in the commissary, which will give the
army the handling of the purchase of
supplies in the United States. This
"hange, m the orinion of members of
the party, will remove several causes
for complaint, which have been made
by Southern commercial bodies re
cently.
tions they are. by their very nature, formar.ee of this exclusive function. ; r ’ T; . u ‘ j this feature, but upon the other
subject to public control and regula- “I believe that the authors of the j k Robinson maimer of the mm- i grounds urged *and argued, the demur-
lions unity of control and regulatkm constitution, in contemplating the vast ' ' t r „', n V „ nd in I rer will be overruled,
is essential to their welfare and effi- distances separating the parts of this ] anev J a ~ e . ' 5 ~ S j While'interposing a demurrer, the
ciency and essential'to the welfare of th J s I ' "We will take your Hahira place. Will ‘ defemlantalso in a paragraph of its
‘ h e Public to whose service they are exo^sHe poner to the Federal Gioaeria- ' ^ home noon trfljn tolT)orr * w . Meet 1 answer alleged that the telegram in
dedicated. ment in tne expectation and belief (Sic-ned^ T IV Purdom M question was not repeated as required
same* 1 situation* 1 SSjfhS' j The telegram Was not delivered until j Jw a_ s _ t, ?!£«° n
to tion that
money question
United States 1 ...
again when the national banking sys- transporiat.on of malls, would nee-
tern was inaugurated ' essarily be used, secondarily and incl-
It found a satisfactory solution, of dentally, for the transportation of
those situations bv the use of the anc * P a? ^ensers. just as from
granted and incidental powers of the time immemorial he stage coach which
constitution. earned tae mail also carried passengers
w A thiT nn?JZ r a ^- erS hefo e re tU th; ^ThT Federal Government did con-
nJt tbit ,-mi nprmit struct one such highway through the
American people 1 ask that you permit States of Maryland. Virginia, Pennsyl-
T h J-° suggestions, which van)a and Ohio known as the ' Cum .
1 "Tn 1 n ch, berland road.’ but. unfortunately, the
-5* I subject fell into the domain of poli-
dent of die constitution and a? a tics the road ^ as not kent up and lt
Democrat who belongs to the school wa , fina „ abandoned to th ‘ e States
of fair construct onists there is fu.l throUKh which it ran. under various
power in the constitution of the United statutes . bot h of the United States and
States, as now written and interpreted. of the States< the interpretation of
to take full, absolute and exclusive which 0nve r[se t0 litigation,
control of the whole suoject. by the ** gee Sea right vs. Stokes 3 how 151:
exercise of the power granted in para- ryeil vs. Ohio. 3 how 720; Achison vs.
graph . of section 8 of article 1 of the Huddleson. 12 how 293. ’There is no
constitution, which grants to the Con- , efral difficulty in providing for the
greso power ‘to establish postoffices entrance of all existing corporations
an ,™, postroatI?5 ' .... created by the States, now engaged in
‘ The postal grant contained in this carrying the United States mails, into
paragraph is exclusive in the- Federal any corporate existence of this kind.
Government. No divided control of provided by the Congress. Bv the for-
such a system by separate sovereign- ty-fourth section of the national bank-
ties in the same territory is thinkable, jpg act. existing banks organized un-
■The congress can adopt such means der the State laws were authorized to
for the execution of this granted power organize under the national banking
as in its judgment are convenient, law. In Cnsev vs. Galll. 94 U. S. t>.
necessary and proper.’ See paragraph 672. it was held that no other authority
18 of section 8 of article 1, and McCul- than that, eonferred by the Congress
loch vs. Maryland. 4 Wheaton, p 316. was required to enable a bank exist-
artd a host of later, decisions too nu- ing under a general or a special State
merous to quote. law. to become a national banking as-
“The formation of corporations, as a soclation, and that it was as compe-
means for executing the powers of the tent for the Congress to authorize the
Government of the United States, is a transmutation as it was to create such,
constitutional exercise of the Federal institutions originally,
powers. McCulloch vs. Maryland. 4 “It is possible that in order to put |
Wheaton, p 316:; Osborn vs. Bank of the matter on absolutely unassailable p ul that where an agent enters into
United States S Wheaton, p 738. When grounds, the title to the rights of way a ’contract fo^hts nrlnciDal wUhout
such a power is exercised by the Fed- of all these postrnads would have V I disclosing that principal’.' existence the
oral Government, the corporations or- be put in the ^United States, whica s 0 fs Gr nartv mpv a t his election hold
ganized under its authority are instru- would grant the right perpetually to | , th the principal or the acent Tn
ments designed to.: be used to aid the use these rights of way for transpor- ot>)er words'? the prncipal may be held
damages against the telegraph com- i the national courts make their
pany the amount of $3,100. This is the ' pendent judgment. It being not a fail-
difference between $17,000. the alleged ! ur e to correctly transmit the message,
market and actual value of the prop- I hut a failure to send it to the right
erty, and the price at which the plant ' destination, it does not seem that the
was offered. i failure on the part of the sender to re-
The defendant has demurred to the ! Peat ought to defeat its right to re
petition upon the following grounds: j cover. Besides, since two messages in
(1) . That it does not appear from 1 identical terms were sent by the Pur-
the message that the Purdom Naval • dom Company, to Sparks and to Cecil
Stores Company ever had any contract ] —these localities in close proximity to
with the telegraph company, or that ; each other—In either of which the ven-
I. W. Purdom, the sender of the mes- { dor could be found, it is in substantial
sage represented the plaintiff company, effect a reptition of the telegram. For
(2) . On the special grounds that the these• reasons this feature of the de-
facts as alleged do not sufficiently ; fendant's answer should be stricken,
show the value of the property, or how j and it will be so ordered,
the damages claimed arose.
The telegranh company contends that
it is not liable as the identity of the
sender was not disclosed to its agent
at Savannah, because the message was
sent by Purdom, the president, and not
in the company’s name. It further
seeks in argument to set up the statute
of frauds, on the ground that the mem
oranda between the plaintiff and the
Pinevilie Company do not comply with
the requirements of the statute, and
therefore constitute no valid contract.
The contention is also made that the •
Pinevilie Company could not have been
bound because the offer was not im
mediate and unconditional, but the
Mrs. M. F. Mahone died at an early
hour Sunday morning at th~ resi
dence on Rogers avenue, Vineville. aft
er an illness of several weeks.
She was the mother of Messrs. E.
G. and H. A. Mahone, bf Arkansas:
sale was to be made only upon the 1 Mrs. E. A. Middlebrook, Mrs. W. F.
termination of the year’s business. The i Virgin and Misses Cora and Mary and
defendant comnany cannot then. ' it i Mr. R. T. Mahone, of Macon,
claims, be held liable for damages.
which it insists the plaintiff would not
have suffered.
From the pleadings it is obvious that
Purdom was in fact the agent of the
TWO BISHOPS HEARD
IN COLUMBUS SUNDAY,
Government in the administration of a
branch of the public service and the
congress which is the sole judge of
the necessity of their creation, having
brought them into existence, the States
can exercise no control over them, nor
in any way affect their operations, ex
cept so far as the congress may see
propel’ to permit, : Farmers’ Bank vs.
Dearing. 91 United States, p. 29. The
power of eminent domain, for the pur
pose granted to it, is fully vested in
the United States by virtue of its sov
ereignty. Kohl vs. United States, 91
United States ju.,367. It can appro
priate land for a : postroad as well as
for a postoffice, and it can delegate
the power to a corporation organized
under its laws as a national postroad
corporation.
Just as the Government in the ex
ercise of its power to borrow money'
and collect taxes created the whole
national hanking system and gave the
banks thereunder organized the right
to establish themselves in every local
ity in the nation, and to deal with
corporations and. individuals with the
whole sphere of the business of bank—extent that, c.anital. legitimately invested
JOHN T, CLARKE
DIED AT SAVANNAH
John T. Clarks, father of Mr. "Wiley
E. Clark, died Sunday morning in
Savannah, after a short illness. The
body will arrive in the city this after
noon at 12:30 o’clock over the Central
and the funeral services and interment
will follow at Riverside.
Statue of Gen. Gordon.
Baltimore Sun:
In erecting in the Capitol grounds at
Atlanta a bronze equestrian statue of
Gen. John B. Gordon the Georgians
will honor one of their most distin
guished citizens. Entering the Confed
erate army in 1S61 as captain. Gordon
fought with such ardor, intelligence.
vigor and success that he rose to the . uuuuus,u,o.
rank of lieutenant-general and com- ! egraph operators, etc..” on whose ca-
manded one wing of Gen. Lee’s army * pacltv depends the safety of life and
at Appomattox. It was he who in j property. All of these men can be sub-
March. 3865. with two brigades of his j jected to Government control and li-
corps, attacked .at night Grant’s lines j cense, and for incapacity and miscon-
and captured a half-mile of breast- ] duct, their licenses may be revoked.
ing and all of Its incidents, just so un
der its power to establish postroads it
may organized corporations for the
purpose of building and operating such
roads to carry the mails of the United
States, the troops of the United
States, the supplies of the United
States the officers of the United
States in their passage from one part
of the country to another in the per
formance of their official duties, and
incidentally to transport Individuals
and the freight of individuals under
the regulations fixed by the congress.
“These regulations being creatures
of the United States and instrumental
ities provided by it'for the proper and
convenient performance of its govern
mental functions, the United States
can regulate them as follows:
“First. Their mode of orzanization
and management.
“Second. Their capital stocks and
their creation of debt and the issuance
of securities.
“Third. Their operations down to the
remotest particulars.
“Fourth. The qualifications of their
employes, such as engineers, firemen,
conductors, inspectors, brakemen, tel
tation nurposes to the corporations or
ganized by it. under the conditions and
limitations fixed by the law of their
oreanizaton.
“If that were deemed necessary, it
could be established that one of the
conditions upon which an exis f in«r cor
poration should transmute itself into
a Federal ■ corporation, should be the
assignment of its title to its rights of
way to the United States Government
as a postroad, subject to its right of
perpetual use thereof as a Federal cor
poration tinder the conditions and lim
itations of the Federal statute.
“The above is a mere outlire of the
nlan which I suggest and an indication of
the nrinclnl's and authorities by which
I behave it to be snnnorted.
"My persona! belief is that tile railroads
nf the country would willingly submit to
the regulation and supervision which mv
plafi suggests, in order to obtain the large
measure of nrotectfon that would come *0
th»ir properties and to the eanitnl invest
ed by a uniform exclusive sv=tem of Gov
ernment supervision, recnletion. taxation
and bv relieving them from all control of
the States and of their political sub
divisions.
“My personal belief goe s to the further
in railway enterprises under such Govern
ment supervision ard remilation. would he
so safe, that: every railroad which took
advantage of such a statute would im
mediately be enabled to command those
vast sums nf money which thev all pew
peed to make their tr?asportation facili
ties equal to the growth of the country.
One may welt entertain the hope. also,
that the organization of the transporta
tion companies on these lines as post
roads of the United States would put an
end to the clamor raised in some quar
ters. for the Government ownership of
railroads. It appears to ine to be a’lust
means between the extremes of s“lfish
private ownership and control, and abso
lute Government ownership.
“If you should desire to have before
you a statute drawn op the Jir-s herein
suggested. I hone I shall he able to find
time enough from my arduous professional
duties to draw and submit such a statute
for your consideration.
“Your ohcd'nnt servant.
“EDGAR HOWARD FARRAR.”
FOURTEEN ARRESTS
IN RAID LUST NIGHT E
liable at the party’s ontion. but the
agent also, by presuming to act in his
own name, renders himself individual
ly liable. The agent, however, being
in a fiduciary relationship, cannot by
thus acting individually, defeat his
principal’s rights. The real -principal,
therefore, may avail himself of his
agent’s transactions in that capacity,
and if a contractual relation has been
created thereunder with a third party,
the principal may sue upon that con
tract. Obviously then, the- fact that
the message was signed and sent by
it? agent will not of itself defeat the
Purdom CornDany’s right of action.
Besides, if it be made to appear by the
proof that Purdom was in fact, acting
for his company, it would suffice, so
far as that question is involevd. to
maintain this action. The telegraph
company was no party to the contract
of sale. Its contract was to transmit
and deliver the message for the usual
toll.
Nor can the telegraph comnanv avail
itself of the statute of frauds. To en
force such a contract, it is not neces
sary that every detail of the agree
ment, but only that some memorandum
•or note thereof, shall be in writing.
This need not be at the time of mak
ing the contract. It may be at any
time prior to the action. The statute
merely states that “no action shall be
brought.” Failure to comply with its
terms does not then render the con-
. tract void, but unenforceable. It is be-
j sides true that the benefit of the statute
' of frauds as a defense i' entirely per
sonal. and cannot be set un by third’
parties. Tt follows that whether or not
the statute was complied with by the
parties to the proposed sale, that ques
tion cannot now be raised by the de
fendant company, -which was no party
to the transaction.
The telegraph company, however,
claims that there was no such uncon
ditional offer as would make a valid
contract, from the loss of which dam
ages would flow. But it is clear from
the alleged circumstances surrounding
the transaction that there was an
agreement for. immediate sale in con
templation of the parties. It is true
that possession was not to be sur
rendered until the expiration of the
s business, but this did not effect
validity of the agreement. This is
clear from the fact that a time limit
until October 4, 1905, had been affixed
to the Pinevilie Company’s proposition,
but the acceptance by the Purdom
COLUMBUS. Ga„ May 6.—Two bishops
occupied pulpits in Columbus today, both
being heard by large audiences. At Trinity
Episcopal church Bishop C. K. Nelson, of
Atlanta, confirmed a elass and preached.
He left in the afternoon for Fort Val
ley. Ga, Bishop Joseph S. Key. of Texas,
a member of the bishops’ cabinet of the
Methodist Episcopal church. South,
preached at St. Paul Methodist church
this morning.
BRITISH CRUISER SQUADRON
DEPARTED FROM JAMESTOWN
NORFOLK. Va., May 6.—The Britis"
cruiser squadron passed out of the
Virginia capes today. The squadron,
which consists of the Argyl Good
Hope, Roxburgh and Hampshire, will
visit Bermuda and Halifax before*re-.
turning to England. They signalled
parting greetings to their American
hosts before weighing anchor. The
Argentine republic warship. Presi-
dente, also left Hampton Roads today,
going up the Chesapeake Bay. pre
sumably to Annapolis. She is expect
ed to return soon.
The Italian ambassador, Baron May
er DesPlanches, visited the Duke of
Abruzzi. on board tlje Italian flagship
Varez which with the other Italian
war vessel, Etruria, Is anchored off the
exposition grounds.
Commander S. Takenchi, of the Jap
anese navy, arrived at Old Point Com- •
fort today to await the arrival of the
Japanese fleet, expected May 8.
CHARES C-. HART SUFPOSED
TO HAVE BEEN MURDERED
ATLANTA. May 6.—Charles C.
Hart, son of the late of Dr. C. C. Hart,
of Cross Keys. Ga., whose family 13
well known, is supposed to have been
murdered at Decatur, Ill., according to
information received here by relatives
and friends. His brother, J. B. Hart,
has gone to Decatur to investigate.
Charles Hart has been living in Illi
nois about three years and he wrota
his people he was going to Chicago.
He sent on his dress suit • case, but
never got there himself.
About that time, early in April, a
man was murdered at Decatur, Ill..
whose body was never identified. His
relatives fear it will prove to be Hart.
’FRISCO STREET CARS
TIED UP BY STRIKE
works, including Fort Steadman and
several batteries to the right and left—
a most remarkable exploit. On the
morning of April 9 Gordon’s corps made
assault upon the Federais. captur-
ELECTRICIAN KILLED
BY HOLDING LIVE WIRE
- — — • '■*• «-f"enment of the
ATLANTA. May 6.—J. H. Baker, an
electrician, was instantly killed and
F. F. Noyes who was working with
him. was severely injured this after
noon at the Davis street station of the
Atlanta Water Power and Electric
Company. The men were working on
a platform ten feet above the ground
repairing a big* transformer when in
some manner Baker caught hold of a
live wire carrying 22.-000 volts.
Seeing his predicament Noyes caught
him around the body and tried to drag
him away and both men fell to the
ground and when assistance arrived
Baker was found dead, while Noyes
was badly injured, both from the shock
and the fail.
Baker, who lived a: 199 Plum street.
%vas 3S years oid and leaves a wife anj
j ing a battery and a number of pri
j oners, not knowing that Lee had sur-
' rendered. The Georgians were in line
• of battle when the surrender was an-
j nounced.
' After the Civil War Gen. Gordon re-
, turned to the practice of law. In 1S6S
• be was elected Governor of Georgia, but
) Gen. Meade gave the office to ‘Bullock.
From 1873 to l^sa he was a member
of the United States Senate, retiring
in the latter year to construct the
! Georgia Pacific Railway, in which he
was much interested. From 1SS7 tn
1?90 he was Governor of Georgia, and
from 1591 to 1597 he was again in the f ploves to each other as fellow servants,
! United States Senate, where he ranked can he definitely settled on scientific
among the most eloquent, the most principles of the graduation of author-
As the result of a well planned raid, .
the police arrested fourteen white men j
licenses mav ,0..*-.c*. i in a room on the second floor of a : Company within that time would have
‘Fifth. The misconduct of officials building on Mulberry street late last been complete had the message been
and employe 5 , in the performance of j night and the crowd will have to an- transmitted,
their duties, can be restrained by crlm- ! swer to the charge of gaming before
inal statutes. I the Recorder this morning..
“Sixth. These corporations can be |
shielded from all State interference and
control.
“Seventh. Thev can be protected
from the prejudice of the local jury
and the 59 per cent damage lawyer
bv giving them the right to sue and
be sued in the United States Courts
alone.
“Eighth. Thev can be protected from
ail Stat
tion
COLUMBUS TO HAVE
MAMMOTH BABY SHOW.
COLUMBUS, Ga.. -May 6.—Columbus is
to have a baby show, conducted on a
mamoth scale. The Young Women's
Chrisitian Association is arranging the
novel affair. It is proposed to have hun
dreds of the best looking babies in town
in line. The affair will be give-/ on the
. . , . , afternoon of May 16. in the court house
county and municipal taxa- j park. There will bo prizes, and prize
by provisions fixing how far. and j every baby will be a “priz, winner.” sev-
in what manner and to what extent ! era! will be specifically designated by re-
thev may be taxed bv the States and j celving awards, rt is expected that the
r „v.' su,' I monster baby parade will break all local
their sub-dn isior.s. 1 records along that line.
Ninth. The relations of their cm- “
ATLANTA. Ga.. May Eight hundred
delegates are expect'-d to attend the bi
ennial convention of the Order of Railway
Trainmen, which begins here Tuesday for
a ten davs session. The claim commit
tees of the organization-- which has been
{ in session for the past ten days has com-
which 1 they j pleted its work and ail is in readiness for
for con- ! charge for passenger and freight ser?---, the convention. . .
Ith like ' ice can be regulated and al! discrimi- i U 15 f x " e Ttfd that the Idaho murder
i ity.
• Tenth. Their duties in regard to
settling Claims against them for loss or
damaged freight, can be regulated to
the reasonable satisfaction of the pub
lic.
•Eleventh. The rotes
BIENNIAL CONVENTION
OF TRAINMEN IN ATLANTA.
reet and the mast highlv honored
leaders of the Democratic party.
Through his officio! utterances and
public addresses he exerted for many
years a useful influence in calming
sectional passions While active in tbe
work of the organization' of ex-Confed-
, crates, his voice was altvt
Ciliation and fraternization wun nice j ice can ue regmaiea ai:u uu uiacnrrn^ cases, which are of great interest
: organizations of ex-Federals. In hop- i nations abolished. 1 union labor, will -the subject of con
oring her famous son Georiga honors ■‘Twejff.i. Their interchange of cars, j slderable discussion. All of the sessioH
I herself. freights and passengers with each ■ of the convention will be executive.
As grounds of SDecial demurrer the
defendant claims that it is not suffi
ciently apprised by the plaintiff's aver
ments either as to the basis of value
of the property or the nature of the
damages claimed. The rule fixed is as
follows:
(1.) A party Is liable for such dam
ages as he would contemplate at the
time of making the contract as natu
rally and probably consequent upon its
breach.
The plaintiff here, however, dis
claims all right to recover profits.
(2.) If peculiar circumstances be
yond the ordinary course of events,
from which special damages may en
sure. are communicated to the party
when the contract is'made, he is liable
to the full extent thereof. It is .how
ever true that he cannot be held for
special damages, arising from any un
usual circumstances of which he was
not apprised. All such remote, spec- I
ulative. or consequential damages are |
not recoverable. j
In case of failure to sell, by the
SAN FRANCISO, May 6.—Street
car motormen and conductors struck
today, tying up the street car system
of San Francisco. In place of cars, all
sorts of vehicles, from automobiles to
express wagons were used by tba
public. The 1,500 motormen and con
ductors of the United Railways’ In
vestment Company early today voted
to declare a strike after having failed
to obtain an eight-hour-day and a fiat
wage of $3.
The strikers have been reinforced
by the stationary firemen, who demanc
recognition of their uriion and an in
crease of wages from $2.75 to $3.25 a
day. It is probable that other allied
unions will come to the support of the
car men. There was no disorder to
day as no attempts were made to take
cars from the barns, but it is expected
that an effort to run cars will be mado
tomorrow.
President Patrick Calhoun says that
the United Railways will operate its
lines independently of the car men’s
union, and if resisted, will demand,
from the city and State authorities t'no
full protection guaranteed by the law.
The United Railways has been making
elaborate preparations to run cars i:t
the event of a strike and has several
hundred experienced men ready to
take the places of the strikers, it
said. In case city and State are un > -
bie to provide protection In
(early English authorities it"was held
j that a party could recover as nominal (serious trouble. Federal assistan
j damages onlv the amount of purchase ; be invoked on the ground that
' money actually paid for the land, i United Railways Investment Com
j This restricted rule was varied only c.f New Jersey, is a foreign corpora
■ in ease of palpable bad faith, where tion.
y,
INDISTINCT PRINT