OCR Text |
Show THE MORNING EXAMINER; OGDEN, UTAH. JUNE TTESDAY, IS, 1007 3 art aimed at combinative is riraiut of trade. R18DICTI0N Mr. Knapp aaid that such a concert of action between roads, through left allied trafflc associations, was absolutely necessary to the suitable conduct of railway operations and altogether in the public interest. RATE IN SAD STORY Of Two-Ce- nt Law Should be Put in Force HERJABY Court of Equity Should Decide. . . i bill. One hundred and more years ago Judges who had but little to do except play the role of mental acrobats and court, in the end. must have the evidence, with the right to make the ultimate finding of fact. No l.ical tribunal, federal or stale, can fureclo the fact, as would be done if the case goes to the supreme court on writ of error to the state courts and from the state courts there is no method of repeal but by writ of error. land-ownin- g AGENT ARRESTED. For Violating the Two-Can- Fare t in Missouri. Lawr Kansas City. Mo., June 17. Herbert 8. Hadley, attorney general of Missouri, when told of the arrest at Paris, Mo., of a Missouri. Kansas Texas railway agent by the prosecutor of that county on a charge of violating I the twoceut passenger fare taw, said today: " There baa been no general agreement among the county attorneys to proceed in this way that 1 know of. I am certain no sueh advice hae been given from our office, but such cases may be expected.' Is not this county attorney In contempt of court in instituting such an action?" was asked. I dont think so," the attorney general said. "I believe he acted within hia rights" The agent arrested had refused to sell a ticket at the two-cerate. Mr. Hadley aa well as the railroad counsel Interested remained In Kansaa City over Sunday to hear the decision of Judge McPherson, of the United States district court, promised for this afternoon, In the suit of the eighteen railroads, who asked that the federal court enjoin the state from enfare. forcing the two-cen-t nt raTlYILL NO l d DESTROYS THE HOPE OP A RECONCILIATION. Between a Stern Father and the Who Disobey ad H1 Daughter Command. We pack but ene grade ef THE BEST. MANUFACTURERS goods- - JOHN HOXER Saddlery t OGDEN, UTAH. Phene 107F. :: a Street. 340 Twenty-fourtOGDEN, UTAH. :: AWNINGS I Honeysuckle Evaporated Milk Wen ths geld medal at the State Fair, 1S0E A trial can will con- ! TENTS and h 226B 14 vince you there ta none JUST AS GOOD j Aek yeur FACTORY Wash. Aim. OGDEN, 4-- ll BE IN DECLARED RUSSIA NEWS OF DISSOLUTION OF PARLIAMENT CAUSES NO STIR. Feeling in Court Circles is Bitter Against Premier Stolypin For His Action. St. Petersburg, June 17. The chances of the proclamation of a general sfrike. In answer to the governments coup d'etat, ere steadily lessening. The question Is now under discussion at a secret conference of the central committee of the Social Democrats which la being held In Finland, but a strong current of opposition ta known to prevail, not only upon the art of the moderate leaden but also among the adherents of the radical member. A fraction of the moderates urge that the government Is now strongly entrenched and that a strike would be futile and only weaken the Constitutional Democratic party with the rank and file and result in a series of reprisals ami Immense pecuniary loss. The conference, which Is attended by all the members of the lower house who have not been addressed, probably will content Itself with issuing a series of proclamations addressed to the peasantry, army and navy, and the workmen, accusing the government of violating faith with the country by altering the election taw in defiance of the imperial pledges, and appealing to the masses' to continue the fight to overthrow the ex- Ogden Pharmacal ALWAYS THE BEST Am Company Columbia Club Perfee to Cigars Columbia Club Ggar Co. UNION MADE isting regime. The Social' Revolutionists, at a con- ference held last night, declared against the proposed strike and appointed a committee to draft an address to the peasantry, the army and navy and the workmen. Telegrams from practically every city In the empire announce that Iho news of the dissolution of parliament was received quietly and with almost an entire absence of demonstration. Even at Odessa and Kieve no disturbances occurred. .The prefect of Kiev issued orders that no demonslrationa on the part of the revolutionists would be allowed and that no action on the dissolution of parliament be permitted. The course iff Genera! Drachieffski, prefect of police In St. Petersburg, in prohibiting hostile criticism of the government, was followed moat universally by the governors general throughout Russia, completely mux-slinthe liberal press. The few newspapers appearing here today make extremely guarded comments upon the situation, the radical paper contenting Itself will expresselection ing the hope that two In one year will widen the political horizon of jhe people and adherents of the make them firm house of parliament. The Kovoe Vremya. which has align-.e- d itself with the reactionists, attacks the new election taw as a half-wameasure, affording the poaaiMlity that the revolutionary elements will again be able to enter parliament The cloe study of the new election taw, which 1a a bulky book of eighty phraseology, purges. In complicated has somewhat dispelled the feeling of gloom in liberal circles. The Idea 1s gaining ground that the government hae failed In ita Intention and that there is a possibility there will be an oppositional majority in the third parliament M in the case of its predecessors. Even under the law k is thought that the Constitutional will retain control of the city, or perhaps, they will be swamped by the Social Democratic proletariat in the elections of the social and poorer categories of Urban voters. The Constitutional Democrats alo , g com-paig- 1 y BEING MED BUSINESS CATHOLIC ERA OF GOOD FEELING BETWEEN RAILROADS AND PUBLIC. Railroad Magnates Have Decided Bow Down to Mandates of to ths Law. Ctycago. June 17. A dispatch to the Chicago .Tribune from Washington saya: An era of good feeling between the railroads and the public, with consequent beneficient effect upon the material welfare of the United States, 1s predicted by Martin A. Knapp, chairman of the Interstate Commerce com- ... mission. In an Interview yesterday he expressed the belief that present railway conditions would Improve, that In his opinion an abundance of capital would be found in time to make the needed extensions and improvements to carry on the constantly growing trafflc of the country- - He declared that In the future. If he read the signs of the times aright, railroad men would be found giving their support, instead of opposing measures having for their purpose the federal regulation or control of commerce between the states. Chairman Knapp believes there will be supplemental railroad legislation, but that It will have the approval of the railroad mes aa well aa the public. He expressed the opinion that a law regulating the issue of future securities would In effect give an official sanction to the certificates that would greatly aid in their sale by the assurance thereby given to the d -- St. Louis. Mo.. June 17. The program for theslxtlfnatkmM convention of the American Federation f Catholic societies. to be hold in Indianapolis July 14th to 17th, was announced today. The convention will be the greatest representative Catholic gathering ever held In the United States. Fully one million snJ a half of Catholics will be represented. I have been somewhat costive, but Doans Re gu lets gave Just the results desired. They act mildly and regulate the bowels perfectly ."George B, Krause, 306 Walnut Ave, Altoona, Pa-- during CIGARS Gear Havana and Domestic Flavoring Extracts and Gold Cross Olive Oil Ton get the best and promote an honest home Industry when you smoke the Victor. Union made. ,' Knapp uid it was his belief that the general railroad situation would any He pointed out that confi- this Improve. dence In the integrity and value of st any fl-0- 0 worth of goods bought AT OUR STORE during the present month. Thia coupon will be accepted by us with 90c cash . in payment of any $1.00 purrhaue during the balance of June. Shaws Bargain Store 2420 Wash. Avd Ogden. Co. MILL WORK. , A gelt end cure dtaeerad feet. Improve action of the horse. Hureee called for I860 Weak. Ave. end returned. Bell Theme 1481. Call ue up. We regulate Interference, , , . , Lymskey & Larsen AMUSEMENTS. ' UTAH.NA THEATER 4 , R. Alexander Greet, General Mam ager. Bill Changes Every Saturday Into. Met EVENINGS Two Performances. 7:30 end E1B. MATINEE Dally, Eneept Sunday, at s:6& . HERE TO STAY: branch of the largest and best Dental Company In ths Stnta FIVE YEARS ustarntahed npuUUos has madn us tha most popular Den-tCompany la tha Want sad our prl ets are within reach ef every oaa This Is Nickelodeon ai Take Advantage of Our Opening Prices Bet ef Teeth (brat red rubber).. 7.06 Porcelain Crowai (ISO to EM A good Sot for 6.09 Gold Fillings S.66 Sllvar anj Amalgam Gold Crown, 21k ).I0 to 93.60 to EM Cement Filling Bridge Work, boot Tooth extracted poelUvely without 12 Years Frotsetsd pain by our actanUfle method (so LADY ATTENDANT. or gas torturing needles.) Free wits plates. Hoaest work. Fair deallnss make our success eoaUnu- Mils J Guarantee IND. PHONE. SUtiua UTAH DENTAL CO. ZIMMERMAN, Mgr, 2467 WASHINGTON AVENUE. C een Dally till 6:30. Sundays 10 to 11.00 sad up FllliOf.... .76 2410 Week. Latest Ave. Motion Pictures Hear the llluetratei Songs, Programme chsugee Monday, Wednesday ud Friday. Continuous performance from 3 p. m. to 6 p. m ud 7 to 10 p. m. Admission five cents.' Dont mien It E OFFICES Salt Lnka, Lagan, Preve and Park City ItS EASY Painting is not so hard if you get the right paint The varnish you put on a floor is not good for other woodwork ; paint fur the porch is not always right for a chair. has been nude easy by the 155 - L Una TWENTY-FIFT- H ST. All thia Mens Furnishing Goods and Nolions of aH kinds mark which directs you to the perfect paint for every purpose. That is why we sell Acme Quality paint, It enables us to give you exactly enamel, wain, varnish. the right paint for your needs. MThK Sekdiss ud Uses! Paists aid Finishes is a honk that makes the work easier by explaining how to paint anything. Yours free when you purchase. CONSOLIDATED WAGON AND iMACHINE COMPANY. la the character of the transfer service we supply ear patrons. Prompt, reliable end nt low cost. Any time yon eay well be on your Job end hudio It expeditiously and woIL ALLEN TRANSFER CO. These 33 for youra. Domoto & Co. ACME QUALITY easier than by presenting couion in part payment of OF Practical Horseshoeing IT IS WORTH lOc KINDS ALL present to ua, and in order to no do we have determined to aliare our profit with you. We know your time is valuable but we are of the opinion that you can not make PUKING MILLS d month. We want to tent the value of our advertining mediums and find out what Mr. st the CLOSE Manufacturers ef Seek, Deere. Framee, Mantlet, Moulding, wood Turning, Bend Sawing end Stair Building. Office end Mill Corner Twenty-eecenStreet and Week-Ingte- n Avenue, Oppoaite Tehee- nacle. Phonee, Ind. Ml; Bell 130S. ' ESTIMATES FURNISHED. And bring it to nnr store any time UTAH. Manufacturer of GILLES CUT THIS OUT buyer. leading railroad securities had been restored and that the danger of further drastic legislation by the state seems nearly to have disappeared. Mr. Knapp Indorsed the proposal to exempt railways from the operation taw to the of the Sherman anti-truextent at least of permitting them to make pooling arrangements subject to certain restrictions. The belief prevails In some quarters that, if pooling were permitted, nnder governmental supervision, s step would thus be liken In the direction sf nullifying the anti-truact as far as the railroads are concerned, thereby removing the Inconsistencies in the enforcement of the set to regulate commerce and the SOCIETIES TO MEET. Em . Blue Label made by Qiesr for It AT LOGAN, WH444t4t o ClFMCf Cache Valley Condensed Milk Company Manufacturers ef Wholesale and Retail Manufacturer of The host and Largest Manufae-turarin the Wash and PICKLES A HOME PRODUCT, Edward BlchaeL Proprietor. Factory MM Wall Avenue Wd 44 44 44 Manufacturers ef STRICTLY FACTORY, FIVE POINTS OGDEN. UTAH. 4 4 UTAH VINtGAR AND PICKLE WORKS VINEGAR - Harness and 134 ef Utah Fruits and Vegetables J. G. READ & BROS. CO. Chicago, June 17. la a little white coffin in an undertaker's rooms in North Clark street there lies the sole hope oi peace between a stern father in faraway Portugal and a young wife who violated the command of her father to follow her husband to the new world. The coffin holds the remains f Baby Rodrigues, six months old, daughter of Mary and Manuel Rodrigues. When the Infant died in a car of the Chicago A Northwestern immigrant train from the West yesterday. Just outside of Chicago, Mrs. Rodrigues errand of peace came to an end. The young mother now occupies s roll at the Chicago avenue police station. Her husband, the chief cause of the proposed trip acroac the continent and to Portugal, is lying near death In a hospital at San rFunciaco. When Babv Rodrigue first saw the light of dav in a hotel In San Francisco Its fatner was so weak as to be unable to supply food for his family. Mrs. Rodrigues had written repeatedly for nraietaace to her father, who is reputed to be a wealthy merchant In southern Portugal, hut the letter were returned unopened. So, some weeks ago she decided she would carry her baby to her father aa a peace offering. After many days at hard work the money to pay the passage to Europe was secured. Before Mrs. Rodrigues started on her Journey her husband waa taken to a charity bed In a hospital. Then some ailment peculiar to babies seised the child and it died as the train entered Chicago. I dont know now what I'll do," the woman said in despair. Babys gone AUTOMOBILE ACCIDENT. and everything Is black. 1 suppose i'll Three Persons Buried Beneath a go back to California." The mother will be detained in Chicago until after the Inquest over her Sanbornville, X. H., June 17. In an baby, which was set for today. automobile .accident last night three persons were probably fatally injured. CAPTAIN COLE'S CASE. They are Dr. B. II. H. Metcalf, head of Metcalfs hospital, Wlntbrop, Mass.; June 17. The Manila, charges Churchill, against Fred C. Cole, of the quarterMrs. Metcalf, and Miss automoThe matron of the hospital. master's department, were dismissed bile plunged over a high embankment, In the civil court. It ta stated that burying Ita occupants beneath. he will not he tried by court marital, statute of limitation having exthe IMPORTANT WITNESS DEAD. pired. Csptiln Cole was accused of having padded payrolls. Canon City, Colo., June 17- - Chxs. Curry, late' 'governor of Iloor ilo,George V. King, an important witness railed on the transport login to the defense in the Haywood trial at saaume the duties of governor of Boise, Idaho, died from neuralgia of New Mexico to which position be waa Bloodhounds recently appointed by President the heart yreteplay. belonging to King were used in tracking after the dynamiting of the Independence depot An hour alter hta FATHER AND MOTHER DEAD. death, a telegram addressed to King summoning him to Boise, was reDetroit, Mich., Juno 17. William ceived. Roulo, a carpenter, cut his wifes throat last night and slashed his own with the same rasor, and both died where they fell in the bedroom where their two children were sleeping. The couple had quarreled during the past six months, and Mrs. Roulo had applied for a divorce. When IN the two children, aged 7 and 6 years, wakened this morning they saw the bodies upon the floor and called the neighbors. Salt LaKe Valley Canning Company e. . seek to refine and distinguish sad to display an affected learning, and to discuss most gravely 'the difference between the west and northwest olds of n hair,' most elaborately set forth their views, as to original bills and amended bills and supplemental bills, and bills of review, and bills In the nature of bills of review. The result was that a chancery case Usced for many years. More than fifty years ago tbs supreme court recognised ths folly of much of this, and, by a code of rules, adopted the system of fact pleading and left the old chancery practice in force only when the rules adopted did not meet the situation that might arise, and by rule 67 definedim-a supplemental bllL But that is not portant in my judgment. ..Whether this proceeding should be bill or by supplemental MU, lb of man consequence, if by original Mil the railways had the right to file the same without notice, and the fight to a restraining order without , notice. If by supplemental bill,' ihd usual practice is to require notice and in either case It Is discretionary with the Judge to allow a restraining order, without notice until a hearing can be had on notices as to a temporary Injunction. On Tuesday, the 11th the complainants gave notice of filing these bills on Friday, the 14th Instant. On Thursday they asked to Me them. Solely nut of courtesy to the attorney general, who was not present, this was refused; but the court, on Its own motion, issued the restraining order to keep thd matter In status quo. At the time fixed for the hearing the matter was again delayed for a delay at the request of the attorney general, he unavoidably being absent. During that delay ths bills were filed in the state courts For this there Is no criticism. But I have stated the facie, and the statement of facts shows that these cases as to the taws of 1907 were pending and had been pending since Tuesday, the 11th Instant: And these bills must be considered as Med as of that date. And, whether defective as original bills, is not material, because such defects can be corrected on demurrer or exceptions, "r by the complainant before answer, s of course. Nor is It material whether filed in the original case or separately docketed. If separately docketed it will at once, for trial pur pores, be considered with the old canes, pursuant to section 931 of the revised statutes. If the contention of he counsel for the state be technically correct, it is without a- substantial merit as to the rights of the parties. "That the fixing of rates by the legislature Is presumptively correct, all concede. That it Is a legislative act, all agree. But that such rates must be reasonablv remunerative, can hot linger be discussed. The railways are entitled to cost and a reasonable s man Profit and no It. How to arrive at the cost ,nd reasonable profit Is a most Jlffl-- f ilt problem. But it must be ascer tabled and this ascertainment can only ,lp by judicial proceedings, and to he determined only by the courts and ultimately by the supreme court of the Vnlted States. No skill of the draftsman hy the use of words or phrasing r,n take that from the courts to ths l"wn meeting. It can not be changed by declamation, cither sophomnric or invective. It can never bq. settled m a criminal case by arresting ticket 5enti or conductors. The suprems hope to return a considerable number of the sixty deputies whom the government believed sou id be exclusively Conservative. According 'to the opinion of a foreign diplomat who 1s In close touch with the court, the government has done either too much or too little. It has violated the fundnientu! taws, or constitution, and laid itself open to the charge uf accomplishing a coup d'etat without altering the election taw to produce the desired results. The feeling in court circles against Premier Stolypin, who has undertaken full responsibility before His Majesty for a speedy convocation of parliament upon the present basis of suffrage, L aaid to be bitter and he ta alleged to be the object of a strung reactionary intrigue. The grant of seven parliamentary representatives to the Armenians and Tartars was decided upon at the last moment The original plan waa to disfranchise the Caucasus entirely, but this was abandoned, owing to the representation,, of Count Von Vorient-xeol- f Dashkoff, viceroy of the Caucasus, who Is now here fighting to save his political head. The Holy Svnod has ordered the Imperial ifesto to be read in all the churches' next Sunday. The committee of the lower house of parliament, consisting of twenty-twmembers appointed to Investigate the charges against the Social Democratic delegates, decided to make lie potslhumtu.s It come to the conclusion that the evidence was too weak to Justify the suspension f any of the accused deputies. Even the delegates, like Professor Kuzmin Karavieff, the Democratic reformer, who favored the Kurreader of any of the culprits again whom there was definite grounds for suspicion, acquiesced to this finding. CO. OGDEN, UTAH. Packers ef High Grade Vegetables Pure Feed Catsup. Feed Pork A Seans, Pierce'e Purs Purt Food Hominy, iarcs'a Worcestershire Sauce. Re- DEATH Kansu City, Mo., June 17. Judge Smith McPherson, of Ked Oak, lows, la the United States district court, today handed down an opinion growing out of the conflict between the circuit courts at Kansas City and St. Louis, and the federal court here over the enforcement of the Missouri maximum freight rate and twoent passenger rsta lsw. Judge MWmrson retains and maintains Jurisdiction to adjudicate the validity of the freight and passenger laws of Missouri, including the amendatory freight taw of 1907. Whether by the temporary injunction naked for rethe Missouri river railroads to enforcstrain the state officials from ing these statutes shall be Issued, and If issued, whether It shall enjoin the enforcement of either of the passenger or freight taws. will, the court ays, be considered a fjek or more hence. Judge McPherson uid that hie prestaw ent view is that the two-ceshould he put in force pntll It can he ascertained by actual experience whether two cents will be remunerative. The decision was rendered la the case of the Wabash railroad versus Herbert 8. Hadley, attorney general and other state officers and seventeen other like canes. Judge McPherson' decision follows: The question here Is. has this court jurisdiction over the passenger fare taw of 107.. of the Missouri legislature, declaring it unlawful to charge more thin two cents per mile? A lesser question is whether the bills tendered for filing are supplemental bills to those filed in thin court in the eighteen esses two years ago sup' now pending before Mr. Schofield, the master. I fully appreciate the responsibility resting upon me, and the consequences to follow from the orders 'now to be made. If mistaken, the mistakes in mine, even though I have had but part of one day since ths argument to reach these conclusions. Never has a esse before me been argued with greater eloquence,' logic and power than was done by counsel both for the state officers sad for ths eighteen railroads. Every phase of the case direct and collateral has been so illuminated that all possible questions are at the end of doubt What is the supplemental bill In equity? And wherein Is the Importance of defining It? Usually It la where there has been some change in the rights of the parties, which must he carried forward by a supplemental PATRONIZE THEM AND HELP TO ENRICH THE COUNTY AND STATE UTAH CANNING Until it Can Be Ascer. taincd by Actual Experience Whether the Rate is munerative A Some of the Manufacturers of Our County and State acme IqUAUTYj Fancy Gish Groceries Wines and Liquors MITCHELL BROS. FOR MONUMENTS. arrived 3 carloads ef marble ud granite to select from. Dont buy from agents, as they get targe com millions end you have to pay thoat Order at once for Decoration Day. YARD OPPOSITE CUT CEMETERY. Just IKINDI |