The Fort Worth Record and Register (Fort Worth, Tex.), Vol. 13, No. 96, Ed. 1 Tuesday, January 19, 1909 Page: 2 of 12
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teeet**te*eteetebeeeeteee
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TheRellabintyofaStoreshculdBeYourEirstrhouee
eh
DRUGGISTS KEPT BUSY
(
to
o0633ed
4
OUSTS WATERS PIERCE
Second Week of the Big
D
Underwear Sales
"I
t
l
I.
40c and 50c Drawers
1
WATERS PIENCE RECEIVER.
t
S
50C.—
This Sale 23c
the supreme court of the United States.
this case was affirmed by Justice Day’s
0
LYNCHERS ACT QUICKLY
{
acoomplished.
a
7
poncHESTEH NOT INFOnNEED.
BLOW OKLAHOMA BANK
This Sale 49c
Carricr.
)
ROOT TO SUCCEED
I
PLATT IN SENATE
HIS ELECTION ASSURED
from
ily whose name he bears
was
FORTUNE FOR BRADY.
however.
even
STARTS FIRE WITH
CAN OF GASOLINE
In that high office and
predecessors
should be
(Continued from Page 1.)
Post
Toasties
erata were nmong his polyglot ance-
ily were
expired shortly after be-
Hetstream
while Mrs.
ing
“The Taste Lingers"
TO Devgus
10c and 15c Pkgs.
die as the result of terrible burns..
10
They have no equals. Always reliable
ng destroyed
_____________ 4
CE
S 1
E 1
V
A
N3E
He beats the Dutch,
i his severest crities
K
pl
pl
tors, but I can infori him that if the
wife of a Robert Toombs or a Jeffer- |
The 75c to 98c
Drawers 49c
Headstream
ably not
cover the.
2
1
1
y
h
ir
p
♦ '
, ee
I
>
st
robbers at the point of revolvers. Sev-
eral shots were exchanged.
rey laughed loudly aa they were
making their escape with the money.
Officiate at Hop*. Ark., Dd Not An-
tictpate Troubie and rrtsoners
rractically Unguarded.
t
c
I
INSULTS WOMAN
NEGRO LYNCHED
0
i
c
I
STATE'S VICTORY .
IS MOST GOMPLEE
Quality
Has Elevated
Democrats Name Former Lieutenant
Governor chandier—Senator Will
Be Chosen Tuesday.
must confess
“Areyonshorked that a ehief masi8t
trate should justify such characteriza-
l
i
<
1
No Snfferer of kidney or Badden
Trouble or Rheumatism Should
Leave It Untried.
tions la not open to question.
“Having the power to pass laws of
this Character, of course, the state may
provide for proceedings to enforce the
ade bV
/ Postum Cereal Co., Ltd,,
Battle Creek, Mich.
ENGINEER FORCED TO CUT OFF
TOWN’S IIGHTS—MOB WORKS
IN DARKNESS.
1
?
(
who put up thair shutters at the first
beat of the war drum must have been
Away above all toasted corn
foods.
The Exquisite,
Irresistible -
Flavour
1nugh with every appearance: the Kart
,oyie hae been funny from the hour
ft Jen itsnatfve quarry '
Continuing Mr. wiieit saia:
R
a
n
si
ci
Ladies who wish something superior in the way
of flavoring extracts, should purchase
f
ih.
1
9?
6woweVxGCS
wrecked. Posses ere now pursuing the
burgiars and a hot tight le expected.
TRAFFIC AGREEMENT
tionz, I am shocked, too Do you sa
I that the place he holds should make us
all dumb before him* Hear what this
fountain of biliingsgate has said of his
TO FIGHT RATE .CUT
ouumana Other ualiway Chtet la
n
Two charges or nitroglycerin were
used to shatter the vault.
cittzens awakened and rushed to the
The exploding gasoline set lire to
tf,urre Y Ki r WW *e s -Et
ceded in sawng the bundtne from be-
burned about their l ands and taci^
By herole work the three men who
taken to their home
stream and those around him.
600 pairs of Fine Muslin
or Longcloth Drawers in
good variety of patterns
that this store has always
sold for 75c to 98c; for—
extent the object
taken to his home.
Headstream, attempted to extinguish
the burning clothing of the trio and in
«n doing were themablyes severely
here, this morning. and escape with
11.000.
Draws Big Crowds in
Spite of the Threatening Weather
Undoubtedly no sale that has ever been held in Texas has
drawn and continued to draw such crowds as this one is doing.
It is one sale that, in spite of any kind of weather the news
that people carry out proves so interesting that the crowds
keep coming. But while the assortments were the largest ever
brought to Fort Worth, some of them will soon commence to
be broken and we cannot replace them at the same price.
240 Fine Long Cloth Gowns, Worth $1.00, at 49c
Oncofthe bargams that women braved the stormiest days
of last week; a delayed shipment of part of them allows us
>0 offer you another lot. All are made in full lengths and
sizes.; yokes of rows of beading and six of beading and silk
ribbons; sleeves trimmed With same lace; average price of
these garments in any store will be $1.00 each; offered inathis
sale for the remarkably low price of...................496
stitedby such a consideratlen."
Mr. Willett then auoted from Presi-
dent Roosevelt’s books in which the
President Is alleged to have attacked
conviction only for acts which violated
the prohibited result or for those which
tend or are reasonably calculated to
bring about the. things forbidden.” *
Justice Day also discussed the con-
tention that the fines imposed were ex-
cessive saying that the business done
In, Texas by the company was very ex-
tensive and highly profitable, the prop-
erty amounting to more than $40,000.-
000 and its dividends as high as 709
per cent per annum. “Assuming.* he
said "that the defendant was guilty of
a violation of lawsiover a period of
years and in transaeti ng bust ness upon
so large a scale. we are not prepared
to say that there was want of due pro-
cess of law in the penalties imposed.”
own that no man's tongue
particular hero is an eccentric excep-
tton to all rules, a s it sen-
•ria a mixed metaphor vivant, an 1n-
possbntty, a comet that roves at wil
regardless of the Hiuitatons of order
ana law that apply to earth and moon,
to stars and planets
Not what Hr Bonsin-
"He boasts of Irish blood, but no
ntstorte IrTshmin would have treated
bank, but were driven back by Wbe
derision, the general effect of the de-
cision in the two cases being to com-
pletely Indorse the state courts in the
selection of a receiver.
The principal decision in the ease
was handed Own in the ouster case
Involving the fine handed down by
the court of the state.
Dealing with the contention that the
alleged conspiracy between the Waters
Pierce company and the Standard com-
pany to control the price of oil In
Texas was outside the state of Texas,
and therefore not within the jurisdic-
tion of the state courts, Justice Day
said that the agreement had been exe-
cuted within the state.
the circumstances, he said, were con-
clusive with the court that the con-
viction was had for arts Inside the
state's borders.
son Davis had been treated by him as
Mrs Minor Morris was. he would have
been called out or branded as a cow-
ard if he had been a thousand times a
President
No Cordelia, the handmaidens men-
tioned in the Good Book were not
palmists.
building was completely
“Mr. Chairman -nac- xentle-
men wh view this curious figure with
f etznea a Ami ration ask me how any
* $ P or Adan can be at the name time
• hay:tdder, a jocularity and a Eat-
goyte. I can only answer that this
ate'into the .flesh
Ralph Pheadstream, brother of the
dead man, and Roger and Rex Head-
stream, nephew* while. sew erely
burned, will recover . pm-gp
Physiclans are exerting all effort. Feptiron PlIlS
to save th* live, of Mrs Headstream • VM"2
and the infant, but they will probably
at rengten the stotarh, aid digestlon.gand pro:
mota"sweet, restful, natural sleep
chocolatecosted. aeceptable t? the
, easily assimiiated, and the best
n nnene, pale, nervogs " “ ”
it and ehildren. aDG all ’
- tn gtrensonrttrot
. drugziste orhy mail.
" "" aece L- _
could be collected. ........
Federal Receivership.
The action of the Travis county court
was affirmed by the Texas court of
civil appeals, but before it could be
further appealed to the supreme court
of the state, H. Clay Pierce and B. W.
Palmer, both stockholders In the com-
pany, undertook to secure the appoint-
ment of a receiver of their own se-
lection by the United States circuit
court for the Eastern district of Texas,
and while that court responded to their
prayer by making such an appoint-
ment, its decision was overruled by the
United States court of appeals, and it
was because . of this latter decision
that the company brought the case to
On the point that the proceedings of matte,. uw galu. Ugva
bean a due process of law? The~c<nirr prepared to discuss TU.-
The bank
The Associated Press dispatch is the
first intimation which I had on the
matter.” he .aid- “Obviously. I am not
------I ----+*--- *
• a
I
Burglars Secure $3,000
Fight Citizens.
Headstream and the infant. It was ap-
Hleadstream wolld die.
HUNDREDS HERE
TRYING MIXTURE
i 4.....
TREMENDOtS POPILARITY
THE -VEGETABLE PRESCRIP-
TOX» IN THIS art.
ericlary of assassins, and, lapt and
crowning pie* of inck, with the nomi
natios ror President suddenly when
e I the aggressive elements of the ep-
y wit inn wanted to see their own can-
"w be periinhently scarred,
mesresched their faces and
makes instant appeal to ev-
. err palate.
These tindings or tact are coneluaive
upon ui.'*
Upon the argument that h rulings
of the court and the questions of Een,
eral law depriving the, defendant of
property rights were without due proc-
Ess of law the opinion nys that, th*
state legislatures have the right to
deal with the subject matter and to
prevent"untawfut rcombtnations to pre-
vent competition. Having the PoWer
to enact such laws, they may provide
proceedings to enforce the same
it 1s qonsidered that the acta in this
case—were given reTroactive—effect
There was ground for eonrfetion, not
because of the making of the old agree-
ment for dvieion of territory and SuP-
pressien of competition, but because
the new company carried out the old
agreement and made itself a party
it is further insisted that the acts in
question are so vague as to not advise
the citizen or corporation prosecuted
under them of the nature of acts con-
stituting a vfouatlon of law. These ob-
jections are found to the words of the
act of 1899 denouncing contracts rea-
sonably calculated to fix and regulate
prices,etc. The act of 1903 denounces
acts which tend to bring about the pro-
hibited results.
postere us notions; of having “knifed’
seeretary Long: of begg "a warrior
alonPin cuba: of hiving won $ VoV-
Thirty-Day May.
This. of course, will be temporarily
g . staved because the company has thirty
qarent that Mr Beadstream would die days within which to file a motion for
Toua pumu 20 o"A"S. sa5nnazmtasatmieas
» was also suffering from severetsting vote of the court, the motion
eral Davidson:
“Judgment in No. 224 modified so as
‘ payment of costs of receiver-
ship, out of funds, and as so modified,
affirmed: Judgment in No. 359 at.
firmed; No. 360 ismissed for want of
jurisdiction."
Ne —360 -was the state receivership,
phase of the case, and' there being no
federal question involved, It was dis-
missed for want of jurisdiction. Case
No. 359 was the penalty and ouster
suit, while the other case was the fed-
eral recelvership phase, taken from the
circuit court of appeals at New Or-
leans.
Eidate defeated.
-Te mammoth jocularity has get ahis progenl K
Eckhart was appointed receiver by.
the Travis county state court on the ----
theory that such appointment was nee- to direct
as the fl
an inspection of the record discloses
that the court charged that no agree-
ment made by defendants outsie the
state could e made the basis of for-
feiting its permit unless such agree-
ment was executed within the state.
“And in the findings which we have
above quoted as to the evidence, the
state has found that the defendant has
been. Since May 31. 1900, a party to an
agreement with the Standard Oil com-
pany of New Jersey to create monopoly
and control prices and prevent compe-
tition in Texas, and that to a large
UtUe Rock, Jan. 18.— After forcing
the engineer of the light plant to cut
off the current, leaving the town 19
darkness, a party of young men at
Hope. Ark-without dlftieulty took a
negro named Hilliard from lb® county
jail and hanged him to a telegraph Po
in front of the Iron Mountain station.
The negro had spoken Insult’nsly to a
womanclerk Th Haynes Brothers store
Friday. shce that time feeling ran
high, though no thought was giyen
that ynehing would be attempted and
this morning only the jailer wasLon
duty, the sheriff being out of town
until the mob attacked the jail and
overpowered the janer. Hilliard was
1 ‘rKemry nChers were masked and their
identity is unknown. Many shots wore
fired into the body of the negro.
(Continued from Page 1.)
the stockholders brought the case uj
on writ of certiorari. In affirming the
eireult court s dec Ul on, the supreme
court thus sustained the state receiver.
Eckhardt, on the ground that he was
appointed first and was entitia to
possession. The opinion on the penalty
and ouster rase entitled Waters Pierce
Oil company against the state of Texas
was rendered by Justice Day. There
was no dissenting opinion. The opinion
covered the maia points of the whole
litigation, in synoptic form as fol-
iows:
“The jurisdiction of this court to re-
view the proceedings of the state court
is not that of a general reviewing
court, but is limited to the specific in-
ernorsetp of New York by a mere nuke
• ” hon thoreisghlosane -uanshlyn TWW ouato tusist that the -fam-
was above hie heau; of benK ne __
First National nank at Taylor wi Be
Depository of Fundi.
Taylor, Texas Jan. 18.— 4 Special, 1—
President Fred Welch of the First Na-
tional bank of Taylor, today received
a, telephone message from ex-Judge
Victor L. Brooks of Austin, under
whose court the original proce edings in
the Waters Pierce case were had, stat-
That the readers of this paper appre-
ciate advice when given in good faith
is plainly demonstrated by the fact that
one well known local pharmacy sup-
plied the ingredients for the "vegetable
prescription’’ many times within the
past two weeks. The announcement of
this simple, harmless mixture has cer-
tainly accomplished much in reducing
the great many leases of kidney com-
plaint and rheumatism here, relieving
pain and misery, especially among the
older population, which are always suf-
fering more or less with bladder and
urinary troubles, backache and partle-
ulariy rheumatism.
Another well known druggist asks u»
to continue the announcement of the
preseriptlon. It is doing so much real
good here, he continues, that it would
be a crime not to do so. It cannot be
repeated too often, and further states
many cases of remarkable cures
wrought. . .
The following is the prescription, of
simple ingredients, making a harmless,
inexpensive compound, which any petr
son can prepare by shaking well in a
bottle: Fluid Extract Dandelion, one-
half ounce: Compound Karson, one
ounce; Compound Syrup Sarsaparilla,
three ounces. Any first-class drug
store will sell this small amount of each
ingredient, and the dose for adult> *’
one teaspoonful to be taken after 4’ch
meal and again at beatime Thete ?
enough here to last for one xeek ”
taken according to direction!. podirse
suite will be apparent from the tint
few doses.
This assures the position as receiver
to Mr. Eckhardt, and means that the
First National bank of Taylor of which
Mr. Eckhardt is cashier, will become
the chief depository in the state df the
funds of the waters Pierce Oil company
of this state.
Mr. Eckhardt, to whom Judge Brooks
intended to telephone.' is absent from
the city. He left last week for York-
town. where he is visiting his mother
on the Eckhardt ranch.
President Weleh of the First National
bank this afternoon telephoned the
news to Mr. Eckhardt at Yorktown.
' JOHNSON IS MUM.a
Oil Attorney Declines to Diseuss the
fane, j
St. Louis. Jan. 18.— J. D. Johnson,
general attorney for the Waters Pierce
6 eempany -and one of the assocjate
counsel in the Texas sutt, declined to
discuss the situation. )
Chill Tonic drives out mataria ana
i sunasupthe syetem. For grown Deo-
1 pl, and children^ 6Of- ___
held:
"That state legislatures have th*
Holland. but his ready surrender to tho
poltutctans of his own party make, it
clear enough that the fat burgher.
BaazIL KEDVCES TARIFF.
wenty iter cegtneduettoon.Certata
■ cin-e- at Amertcnn cogan
wostneten. Jav. 18. V rd resoned
.W u» Tepriment teda§ that Brasil
the l?«nnotice of the continuation
nes.El";0pr"eent reduction in terir
ot-nerreiNt artigles imported from;
■
xonrca"Himei bed he net known , t he Pafzanorr whFh'ls designed to
-a M*
■ You may say. then, that one indi-
vidual gargoyle does not count for
much, not in the development of the
centuries, but counts vitally and con-
tinuously as affecting the people who
live under him. And the change from
Nero fiddling whil Rome is burning
to a Vespasian calmly devoted to se-
curing as good government as tenden-t
otes will permit is a change to be .A8
devouty welcomed by us as by tn®
ancient Romans.”
Entirely Too Vigorous.
Several times in the course of Air-
Willett's remarks he was caped to or-
der by Mr. Hughey of West Vrsinia.
"I call him to order, Mr. Hughes ex-
claimed. "He fa going ahead with A
lot of rot in which neither the house
nor the country is interested. ’
Mr Butler of Pennsylvania, in the
chair, ruled that Mr. Willett was
speaking under the license of general
debate and that he was not called upon
le indicate in advance the subject of
does this court sit to revied the
findings of fact made in the state
court but accepts the finding of "he
court oft the state upon matters as con-
clusive and is confined to reviewing
questions of federal law within the
jurisdiction conferred upon this court."
The court after reciting briefly
the history of the case, refers to the ar-
gument inbehalf of the company in the
A rare bargain, this. Over
11,200 pairs. We doubt if
there will be enough to
supply all wants, even
with so many; French
seamed; worth 40c and
1 penaittes aasessed against it. are, tee
Ara.ri.au Surely company and Jonn
Henry Kirby of Houstn .
; when the penalties are conected by
the stte, John W Bredy. sounty.at:
liorney of Travis county, will receive
in iees about 3400.000, of which ampunt
a good percentage wae promised to
ret. H. Clay Plerce’s former conti-
denual clerk, who gave testimony by
whh the elate wae able to prosecute
the company. "
This afternoon when eren by a Ie.-
°wrf. XV^d‘-»4^r^
had about overwhelmed 47 Hie Saldr
however, that hereafter in Texas it
would be competition in trade and not
fcombinntienn restraint of it ,
Governor Campbell and, ih.1Act al
of the state officials, are greatly flated
over the news. Attorney General .Da”
vidson gave out the following state-
ment:
Dvdson Grntified.
“I am vert, much gratified over the
results of this suit. It is a tremendous
ROOSEVELr’S SECRETARY OF
STATE CHOICE OF NEW YOBE
REPUBLICAS CAUCES.
mitted in debate.
The chairman reiterated his decision
first given. , _
“Then.- insisted Mr Hughes. I make
the point that the language the gentle-
man is using is out of order and that
part of his remarks should be Diotted
out of his apeech."c 0.------- ,7x7"
Taking special notice of this latter
point, the chair remarked that he had
authority to direct that remarks made
out of order shall be omitted from the
record. "The chair will consider the
point of order raised by the gentleman
from West Virginia,” said Mr Butler,
'when the chair has the opportunity of
examining the remarks that have been
made by the-gentleman."
House in nB t proar.
By this time the house was 4 an up-
roar Above the babel of voices Mr:
Gardner was heerd to make the point
that, a member having been in yw-
in debate, he was entitled to the ftoor.
Messrs. Hepburn, of Iowa and Mann
of Illinois with copies of the rules mn
their hands, appended for recognition.
Mr. Hepburn insisted that Mr. Wil-
lett should take his seat The chair
directed Mr. Willett to take his seat,
wn pKobAbiy "bo'tersea shoruiyatter
it Introduction.
This suit for ouster and penalties
was instituted by Attorney General
Davidson in 1905 and in May, 1907. the
rwerty-ixth district court here
brought in a verdiet against the com-
pany of guilty with penalties hereto-
fore mentioned This verdict was
! rought in May 31. the annlvesary of
the company's entrance Into te state.
SMbeequenty the Third court of civil
appeais and the state supreme court
affirmed this verdict: .
on the company s supersedeas bond,
which is for double the amount of toe
Enid, Okla.. Jan. 18.— (Special)—
Burglars entered the First State bank
at ca rriet, thirteen miles northwest f
gy ■vy as i s treated Mr. Harriman.
„ecuu X earS
eces not fly int a,passion and lanh - - -------- "
the horse or a timid, young girl whose
1,200 Gowns at 25c, Worth 50c
Five different styles in these. We limit the sales to three
240 Gowns at $1.49, Worth $2.25
Splendid values in this lot, mostly in fine nainscoks
richly trimmed, good values.....................*149
500 Corset Covers at 25c, Worth 50c
We challenge any comparison of any 5ec corset cover
with those now priced at............... 25£
Albany. N. T. Jan. 18.— Elihu Root,
sgcretary or state in President Roose-
veil's cabinet, war the unanimous
choice o the Republican fegllature
caucus which met tonieht 1?.nam. n*
canaidate to succeed Untted states son;
atot Thomas C. Piatt, whose term will
‘Pie L Democratic caucus nominated
former. ieutenant Governor Louts
stuvesant canler, who WAN the Pem:
eemat .siidMsi. ...wonr-at Hi.
November election. Mr. Roots nomina-
tion is equivalent to an election, as the
telsiatuN is overwheiminaiy Repub:
iant Tomorrow at noon the senate
and assembly will meet and formally
nominate the candidates named at to-
nmins caucuses and Wednesday at
nn both houses will meet jointly
and declare Sorrel ary Root elected for
a term of six years ■ _____
Wasbington J-tferson, Monroe. Jack-
son Tyler, Pierce and otners and xata ,
ippEae
ander Hamilton, the deteated champion
orin limited monarchy." .. .,1
-Dr course, said Mr. Wilett, these
condemnattons roar as genty As any
coamngdove whencomparedwithd1g -J
denunciation of John Paul Jones az a
- • - - leon the Great as 'ut-
.rly unsrupulous." of New England S
iamissamwendouPPaicom"an were practically untouched by the ex-
u^any mtN"oy*rhomag W«a. tne ’ pionion. succeeded in extineutshine the
first champion of American liberty, aa 1 burning clothing of Mr. and Mrs.
a 'filthy ittie athelst'; of mtraclerbe- ; ----- --
Ileving'Roman Catholics as ’persons:
of arrested mental development of ,
Quakers a" 'quit© as undesirable,citi-l,
Kens as auezists, but ha has been frank
enough in abusing other Presidents.ttei
shut the lips of his defenders on th® who
dignity of theyresidentinI office. ’ < turns on his hands, was dispatched for
Mr Willett declared that consistency mngascni atd Neighbors were alarmed
iwupaowowmgecmr.sansote " “-And’ch. member ot th. 'Silken ram-
Verse Than nny King. were taken to their home Mr.
"No king," he said, “in any limited
the state against the company had not
ceiyer. and thus again decided against
the company, which sought to have sus-
tained the action of the federal court
in appointing C. B. Dorchester at the
instance of the company ghe decisions
in all the cases were unanimous
One of the receivership cases came to
the court on a writ of error from the
Third judiclal distrte court of Texas
and Ute other from the United States
circuit court of appeals. Fifth district,
in both of which courts the decision
was favorable to the state. Robert J.
ing that this morning the United States
supreme court at Washington affirmed
_0 gug.cze u.. — ...0 C..___._______ the decision of the state ceurt in the
Fhe fneg at the eruF oreppeais in ektpqarppr’ttmentro rnajvonn
.. ----hi ..rv... . the federal court’s appointed receiver,
C. B. Dorchester.
and the infant will prob-
over. In case they do re-
which he reluctantly did.
Before the chair passedon, the point
of Messrs. Manni and Hepburn Mr.
candler of Miseissippi moved that Mr
Willet "be allowed to proceed in or-
der”
on that motion a vote was taken,
with the result that by a party vote of
75 to 126 the house refused further to
hear he New York member. In vain •
Mr. Fitzgera of New York sought to Travis, County Attorney Ileana
have the chair construe the rules so $400,000 na Deal.
C at Mr wilett might promed. Mr A,..tin n H-
Willett had practically concluded his Austin. Jan is.
remarks and received the verdict of j 8
I he house with a smile.
same. The state, keeping within con-
stitutional ltmitations may provide its
own methods of procedure and deter-
mine the methods and means by which
laws may be made effectual. We are
net prepared to say that there was •
deprivation of due process of law, be-
cause the statute permitted and tho
court charged that there might be a
essary to preserve the property of the
company until - the penalty imposed
(Continuea from »■> victor, mustherrsppiover wrong; the
strong must yieic to the same roroe
that the weak are compelled to obey.
We have fought the hardest legal bat-
tle in the history of the state and
everyone on whom responsibility has
rested has discharged his full duty. ___
1 want to especially commend the stances o denials of federal rights. Nor
distinguished services rendered the
state by my assistant, Jewel P. Eight-
foot, who has spared neither pains nor
labor to bring about the results ccorn-
pushed, who. being in charge of the
ant-trust department, was in trusted
to a great extent with the responsi-
bilities of the conduct and manage-
ment-of the litigation."
The following telegram was received
from James M. McKinney, clerk of the
United States supreme court, by Gien-
Defendant Had Fair TrinL.
The opinion cites that it is not un-
common in criminal law to punish not
only a completed act, but also gets
which tend to bring about the prohibit-
ed results. Continuing the court says:
"The defendant has had a trial in a
court of justice duly established under
the laws of the state and the question
of liability has been submitted to a
jury The judgment has beep reviewed
in an appellate court and the correett
ness of the findings of fact and ruling”
of law in the lower court affirmed. We
are not prepared to say that there was
deprivailon of due procass of law.,,
“Again, it is contended that the fines
imposed are no excessive as to consti-
tute a taking of the defendant s prop-
erty without due process of laW- It it
not contended in this connection that
the prohibition olthe eighth amend-
ment to the federal constitution against
excessive fines operates to control the
legislation of the state. The fin
of punishment for crime or penal Ura.
ror’unlawrui acts against atalaws12
• within the police cower of the stats.
We can onl, interfere with such leg-
iblation and judicial action a the
state’s enforcing it if the fines Im-
posed are so gromiy. excessive a» to
amount to deprivation of propeTT
without due process of law.
"The business carried on by the <le
fondant company in Texas was very
extensive and highly profitable, as the
record aiscioses. The property of de-
fendant amounted to more than 110
000,000 a testified to by its president.
Its dividends'had been as high as .08
per cent per annum. It was the theory
of the state sustained by the verdict
and judgment that the former courseet
huslnoas was continued notwithstand-
irigr t l, a judgment of QUgtT in thff fOf-
mer ease Within W bounds <;r the
statute th- penaities were left to the
alseretion of the jury trxinK, the case,
wha penalties imposed are IArEe. they
are within the terms of the statute
Under the act of 1599 the Jury Imposed
a penalty at 11.SOO a day: under the
act of 1003 at the rate of »s» per day.
A-uming tor this purpose that de-
fendant was guilt, or a violation of‘he
laws over a period of xears.and.
iraneneting bu-iness upon a TarEe Iran
as shown in this case, we are not pre-
pared to say after confirmation of the
Peraiet and Judgment in court of the
etate that there was want at due pro- ,
“ W .1 law in the penalties aressod.
"Remembering, as we have bad fre-
quent occasion to say that our province
in this case is limited to an examin:
rtOT- nt obl-rtions arising "
federal eons: tutlon, we are unable to
find in this re-ord any Eround.’o.n:
versing the Judgment or the Mate
court. Affirmed/'
er ofrense Is inadvertently passine
he royal party in a public highway.
Even Lois XIV was not that s rt of a
tyrant, and Henry IV Henry of Na-
_ varre, the great Hugenot king who
wor- white plume of noblesse oblise,
would pot hae ooped to 'I
(Special.) — News <
wagreceived here shortly after noon <
of the affirmation by the United <
States supreme court of the Waters i
pjerce Oil company penalty, ouster and <
receivership eases, the only action
against the state being the modifica-
tion of the federal receivership phase,
wnteh Kwas instttutr in th rvurttof
appesiat New Orleans, so that the
costs of the receivership could be, paid
out of the funds now in the hands, of
Receiver Dorchester instead of forcing
the payment of there coats by the com-
pany stockholders, and with this morti-
fication this phase of the case Was
arso affirmed. . _
n an This means that the state of Texas
inatant clothing was asoe-ionrusttnannuuen."wurnna
was the clothing of his wife and the Pierco Oil company is forced to PA> i
Infant which she held in her arms penalties aggregating |1 183.190 to the
n„,pb Mendstream, a brotnerortheantpusrnasurnreen”thtezinaunansn
victlm, assisted by Roger and Rex law pr the Thirtieth legislature, can-
not be rechartered under the Same
name; that immediately the madate.o.
the court is issued Robert J Eckhardt
of Taylor will assume the duties of re-
ceiverofthecompanys property, re-
lieving C. B. Dorchester of Sherman,
the federal receiver, and that the com-
pany’s property will be disposed of I®
accordance with law.
hts remarks ----- ,,,
Mr. Willett then proceeded and ‘re-
quently elicited applause from, . 3
Democratic colleagues. Mr. Willett*
reference to “the defamation of Ad,
-miewl Hohhy’’ caused Mr. Gardner or4
Massalusetts to object. After a, ih
deal of sparring the chair ruled the
w ords out of order.
Mr. Willett’s references to the Pres" ...— ----- . ------
dent became so severe that Chairman , right to deal with the subject matter
Eutirzrpwrthindooruhgd,"imnouse.gana prevent uniawtui combinations te
he said, 'that the official conduct. 01 । pre vent competltion and in restraint of
mhenaranidwimax.bngenticmag °psomeltrade and to prohibit and vlola-
not offensively refer to the President
of the United States ” ■
The Repubifcans loudly applauded.
Mr. Hughes again protested that Mr.
Willett was not using language per-
Yoakum and party paid their mpeets
to the different heads of state,depart.
ments today and departed for Houston
andpdqoakjomn hana Shing to say sava
shat, hanisitnnact eawi seglagne
matter" A oumber at railroad .Koh
n" v. and traffic manager, met ne
todar tor the purpose of dizcunsm5
ranernte masures before the Tes-
PatuNand the commtssio. The va-
tu provosiuons to reduce retes do
not 'trike them favorably and they are
preparine to combat them.
IcKLE r anrsi.
sanons RESCUED,
r** shigzzovonn."szemza.
Kannan City Southern May Again Jois
New -yorerriyan 51".te"egotiatlons
way company and the Southern Pa-
dflr Rajway company are -under way
and paper, will be signed in a trw
day. according to a report current
here today and purporting to come
from reliable sources The slosing of
auch an arrangement would again
make the Kasas City Southam a
•onneoting link between Kanse.s City
and Galveston for th. Harriman rail-
road. a. It was a few year, ago when
it formed part of the Harriman ay.-
m"me Kansaa City gout hern ex-
tend. from Kanees City to Fort Ar-
■thur, Texas a_d1 taceorazemuen .
necetver Doe. Not Knew What Com-
pany win De.
Sherman, Texas, Jan. 18.--(Spcal.)
Federal Recelver Horchester, when he
was ased if he had been informed of
the decision of the United States court
in the matter of the Waters Pierce
case, stated that the first news he had
of it was through the press, and when
asked if he knew what steps the com-
pany would take In the matter, replied:
“I am not informed as to that,"
It is presumed here that the com-
pany will ask an order for a new
hearing, and if this is refused, the af-
fairs of the company will be turned
over to the state receiver in tin or-
deriymanner.—-----------—
ynonarchy was ever half so exiguous
ox ever half so implacable. M "
“For a precedent, he added, you
mhust go back to Napoleon the Great. "
the eldest member of the garsoyie 1
Ananias club, who used to ask.the ’
wives of his thrifty favorites, wither
they could only afford one gown a
year; who said once to th® wife of one <
of his fighting marshals Tour dress 18 <
! dirty*.’ and who insisted on doinE A. . ■
• the matchmaking in his cabinet circie- l ’
-rhe democracy of Lincoln, he said. «
I "the bluff Amerianismef HreRkaHdi
4 Cleveland, the equally American.8 HAv- <
! ity of Arthur and McKinley, hadpessed-
' into history along with the joviality of
Qarfiole and the nonconformist thri--
4 of Rutherford- Ik Hayes.-------- 1
1 “We have a king and a court now.
Li Mr Willett exclaimed, as good .an
“ imitation of a real thing known to the
( nobility of monarchial countriens a8 Ihe
•.don of a family of trading Dutchmen
: 1 At °n2is5 juncture Mr. wiett called
(the roll of the so-called Ananias club
'and said: i2. .
I The earth is intoxicated and reels
around our jocularity. He alone is the
personification of sobriety, temperate-
thess of statement; calmness in speech
land action. The ever-moving hay ted,
i der Hurries over the fjeld, throwins
upward the clover of politics, the timno-
H thy of zoology, the blue fW1, of h122
li tory, and letting each blade fall * It
J tie drier than it was before.
“The whole country can read in jeal-
ousy th»- gargoyles distorted features.
4 -You look on those twisted lines and
it s easy, oh. easy, to understand the
insolence toward Dewey, the one great
-firure of the Spanish- merican,wari
11 the hero who took Manila with the
i worst ships a rotten bureaucracy could
find for him; the persistent^defama-
tion of Admiral Schley, who really
fought the battle of Santiago bay; the
insults heaped on General Miles, whose
counsel ignored resulted In the expen-
sive blunders of the land campaign at
SantheKPtesident,- Mr Willett declared.
—showed his teeth at all real heroes
-because rea heroes are gall and worm
wood to bogus ones.”
Blisferiug Summins Ip.
| Continuing his denunciation, Mr. Wil-
lett charged that the President hud
bulldozed President Castro, has seen
l the Filipinos brutally treated, had ma-
rooned Colonel Stewart, whom he did
not like, had kept a young woman
from earning an honest llyinE h¥ teht
ing the truth, had allowed “scandalous
Il conditions" to exist in the army and
[ navy, had compelled his subordinates
II “to act as hunting dogs for the czar of
Russia in trailing down men who have
rought for liberty, had practically re-
[ established naval slavery hy allowing
I intolerable treatment of sailors gt the
| hands of aristocracy of the Annapolis
h officers.” had permitted the degrading
|| of soldiers at West Point who had been
ii put to menial work, and had Eyen. a
11 Scotch verdict in connection with the
if alleged panama eanal scandal.
| In concluding he said, among other
tgverpbo, Jan 8.—The steamer
-inin arrived hefe today with the
Pottnana crew o the British ship.
Savona whom it rescued off Fasnet
SAAa, The rescue was accom- i
yetera Vith the greatest dirfieuity. A
heavy sea was running and the Savona j
7 4Y was timber-laden, became water-
logged The crew, who numbered thir-
08" were obliged to jump into the sea
tee swim a one distance to reach the
boats-of the Dominion wlch, the
steamer sent to thelr Aid. ntheir.re,
turn to the steamer it WAs necsssarj
4? pour ®» on the waters.berore the
boat’ could come alongside.
THE FORT WORTH RECORD: TUESDAY MORNING, JANUARY 19, 1909.
trial Court. The record shows
that the tower court left to the jury
to decide whether the defendant com-
pany had become a party to an agree-
ment with the Standard Oil Company of
New Jersey, June 1, 1900, to fix and
regulate the price of oil in Texas; the
court further charged that if such
agreement “tended" to restrict the free
selling of oil or lessen competition, the
jury might find a verdict of guilty.
Agreement of Plaintiff.
Much of the argument for the plain-
tiff in error was predicated on the con-
tention that the acquisition of stock of
the Waters Pierce Oil company by the
Standard and the making of the agree-
ment were not shown to have beon
done in Texas; that* such ats were be-
yond the jurisdiction of the state. But
-H® tells us that southern aristo-
Amid
• IN FRIGID SERF•
BATHERS PLUNGE •
. -----
• New York, Jan. IS.— Unmindful •
( of the chili wind bearing stinging R
• sleet, sixteen members of th® ort T
ganizator known as the Arctic "1
Swimming club, plunged into the •
frigid surf off Brighton Beach 2
yesterday TAie oldest one of the 2
swimmers who counts his age at •
63 suffered no iH effects after ths 10
swim, nor did the youngest mem- •
• her. who is 27. These men have •
• made it a point io have their dip •
• every Sundax in the year, "
. . 3 .
ppegiaenr* Words Strike Responsive
(herd in Lndom.
London. Jan 1s. In an editorial this
218Bui "amiiettation of in4e.By me
Brit ah government, the Times ac-
Enowtag. that ” ” deeply touched
Sr’" tribute whieh tl say« " Im:
We--le nroot that * happy change ha.
110. currea in recent years in thereie:
20 beraen oreak Britain and th.
theverves. United StateB. ..
nir ! “None of his predecessors, says the
They are Time* “could haye ventured such t
_ ________M *0 "M.T sogaihanv. Naras,
-prspaqTuocmog"han
U Mettle by Mood lib Qood. 1
’^S^^e "tait"Wit#tf
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The Fort Worth Record and Register (Fort Worth, Tex.), Vol. 13, No. 96, Ed. 1 Tuesday, January 19, 1909, newspaper, January 19, 1909; Fort Worth, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1499168/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .