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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