Newspaper Page Text
THE AUG CS, WEDNESDAY, APRIL, 27, 1904.
REMEDY FOR EVIL
Courts May Be Resorted to in
Keeping Levee Clear of
$ .? WL L
TEST BEnrO MACS AT MEMPHIS
b'teamboat Men Claim United State
Lawi Provide fur
you Can HcfVe &our Choice ojf Jny
The unavailing iirotcsts of the
steambojit owners of Memphis to the
wharfmsister. and their frequnit re
quests, for the removal of the barges
and dredge boat of the L'nion Sand
company, have exhausted Iheir psi-
tience. says the Memphis Commercisil-
Appeal. commenting on a situation
that is similar to that prevailing at
Kock Island, in so far ax the nuisance
j- concerned. The Commercial-Appeal
This means that they will apeal lo
the civil courts of the country am)
lo the I'nited States court here for
The relations between the steam
boat men of Memphi-. the vv hai fmas
ter an. I the l'nion Sand company of
ticisils hac oeen strained for some
lime. The several ih pits an:l man
agers have repeatedly complained that
the --pace occupied by the Mind com
panv s interfering with the le
gitimate bii-iiie-s of the common cur
riers, and that with the bar, which
blocks the wharf as far south as West
Court, street to the foot of J Scale
street, there is not sufficient room for
the regular carrier packets to do busi
ness. To all of this there has been the
answer that the ;t 1 1 1 company had a
premit from the city council to oc
cupy the spsicc, and that. they were
pax ing for it.
The steamboatinen. according to
Iheir stsitemeni. were loth to take the
matter into the courts. They say
there is no no other recourse, and
they must have room for the increas
ing business on the river. They give
as their reason for not having taken
the matter before the city council
that strong protests were made at the
time perm is sir !i was granted to the
hand company in question, and that
they have since made plain to the
wharfmaster that the sand copIe
were taking up space which, under the
law, was there for the use of the
boats of the common carriers.
The. situation has finally resolved
itc!f into the whole number going to
gether and seeking relief in the
Several Method for Keltef.
There arc several vvavs in which re
lief may be had. .iiiimi;'. teso. is an
injunction in the state or I nited
States court, or both, ordering the re
moval of the sand barges and dredges
from the wharf, on tin ground of vio
lating the act.-, of congress, approved
in September. Is'.m. This law is very
plain, and stalls in no uncertain terms
what relief may be had freni such
proceedings. Another manner is. after
the tiling of the injunction proceed
ings. for the institution ol damage
suits in the courts named above for
the amount of loss owing to the in
ability of the different craft to land at
the regular wharf, because of the
barge an 1 dredges being si Mowed to
take up space contrary to the I'nited
States laws governing and having su
preme control of all wharfs, landings,
docks, piers or landing places of what
ever nature, whether ow ii"d by indi
idua!s or corporations.
The following js a s nop.is of the
I nited States laws on the subject. It
has been prepared by the attorney
The I'nited States statutes are very
plain on the subject. They state that
Ihcse laws are enacted by congrc-s.
in accordance with the authority vest
ed in that bodv l. the con-tit ution.
These laws prohibit even a govern
ment vessel Ian ling, anchoring or tic
ing up at any point on a wharf, or
in any navigab'c waters in an manner
which will impair. imted. interfere
with or in any way be of hindrance
to the free movement and passage
and business of the common carriers.
They further provide that the wharfs,
levees, docks, piers ami other places of
landing for all such government ves
sels shall be designated by the local
authorities in such a manner as to
not interfere in any way with the
commerce of the wnterwavs under the
jurisdiction and control of the gov
ernment of the I'nited States, and that
the masters, captain-, commanders
and others in charge of government
craft, of whatever nature, must h
and are governe I in accordance with
t his law .
The following is the opinion of the
I'nited States district attorney:
"The constitution of the I'nited
States confides to cengres- supreme
jurisdiction over all navigable waters
in the I'nited States, and all state stat
utes and city ordinances repugnant
to the laws of congress over the sul
ject must vield to the congressional
"Section 9 of the act of congress,
approved September 19. Is'.m). provides
that it shall be unlawful for any jer
son or ers4ns-or corjmrat ion to take
possession of or make use of for ex
clusive urxse. or to build upon, or
alter, deface, destroy, injure, obstruct
or impair in any manner the useful
ness of any levee, wharf of other
"Ily section 10 of said act the crea
tion of any obstruction not affirma
tively authorized by law to the naviga
ble capacity of any waters in respect
to which the I'nited States has juris
diction is prohibited and punishable
by fine of not exceeding $3.nnil and
imprisonment not to exceed one year.
"This act applies to cerpora t ions
is well as natural persons, by express
"The secretary of war is, by the act.
invested with general supervisory pow
ers to prevent violation of the law as
well as to rciort otTenders for prose
cution. I nited States collectors or
eiist' ins and other revenue of'--ers
are by its terms instructed to report
violations of the law coming to their
knowledge to the I'nited States di
t lief attorney for the district wherein
which the prohibited acts are done."
The I'nited States supreme court of
appeals has decided that even a gov
ernment, vessel has not the right to
take up space at the wharf, or in any
navigable waters, under the control of
the I'nited States, to the hindrance
or obstruction of the business of the
common carriers -the commerce ot
the navigable rivers, etc.
The following is an extract from tht'
city ordinance and is what the city
council and wharfmaster are acting
up n :
Section 'hi, city ordinance, says:
"No person shall hen-after be allowed
to engage in any business upon the
landing, paved or nnpaved. or the
river front of the district, without the
written permission of t he council, and
all now engaged in business of any
kind shall at once cease to do business
until they shall first obtain such per
mission to continue same, provided
that this ordinance shall not apply
to stcvedorer or others engaged in
the loading anil unloading of other
Menophln' Laws Ar Secondary.
The laws of the city of Memphis
are subject to the general supervisory
powers of the secretary of war. as
is stated in the opinion from the at
torney general. In this case the clause
i elating to the permits whitdi may be
granted by the city council can be
earri il out. but when it interferes
with the commerce of the wnterwavs
of the I'nited States, the courts may
lc called upon, or the secretary of
war. to take a hand, and give such rc
'ief as is deemed proper, according
to the law and the decisions of the su
preme court of the I'nited States.
There may be developments sit any
moment. Steamboat men say that
there has never been the proper ap
preciation of their rights on the river
in I that they have been patient and
long sulTering. With the revival of Ihe
old da.Vs of the through bosits from
Pittsburg. Cincinnati. St. Louis sind
Cairo to Memphis, ami Yicksburg. ami
perhaps later to New Orleans, every
font of the wharf here will le neeifcd.
They ssi.v that action must be hail now.
not when the boat- begin to come and
go from this nrt.
FASTER PACE EXPECTED OF
BIG ROCK ISLAND SHOPS
In the last month the number of
skilled workmen at vv Shops has
been increased from 'JiHi to 3O0 and
more men will lie added as soon as
the ami lint of work to be done de-mandt-
Four engines rebuilt has been the
work of the force employed since the
plant was started in ojeratiou March
1. Sixteen j'ngines are now on pits.
and there are a dozen more waiting
their turn t le overhauled.
The pace so far set by the New
Shops force is said to le not fast
no ugh for the powers in Chicago, and
a getieral change with a view to a re-
rgnnization is in progress. The plant'
is capable of turning out six engines
1 month, and this is the gait that is
sjiected from the new management
which took hold last week.
In. Our Store at
IBrilli an tines, Etc This Discount is S'pecial
for Thursday Only. JSOJVK 'RIDS'&'R VES&.
NEW CASES ON
FOR MAY TERM OF COURT
The following sire the new cases
thsit have been filed for the May term
of the circuit court to be commenced
Moudsiy of the coming week:
Kmil I'eck vs. the Modern Woodmen
of America: assumpsit.
Kmil IVck vs. The New York life
Insurance company; assumpsit.
Ssirsili .lane Ogden vs. .lohn ('. II.
Unach and Sarsih L. Keed, sissumpsit.
.lohn Kline vs. I.. II. Heckwith smd
William (J. ISeckwith. scire fsicisis to
. I aines
Sons vs. Dan
W. 1 Vox, sip
) it a led by
Kock Ishin I ISrewing company vs.
William Dunavin. sissumpsit.
Maggie A. Miller vs. Estsite of
.lames M. Miller,
Krlie Dillev vs.
appe.il from county
Psitiick Conwell et sil. is .1. IS. Eck
hsirt. sippeal by defendant.
The People of the State of Illinois
ex rel S. . Kenworthy vs. Tri-City
Kail way company. pio wsirranto.
Fanny Scott vs. t ieorge Wsigner. for
.lohn (iaffey. administrator, vs ('.,
i:. I. & i. i:. i:.. case.
Oscar .Mm m ma vs. C. M. Wake, as
sumpsit. Amanda ISledsoe vs. Tri-City Kail
way company: csise.
Kliabeth Fleniming vs. Willisim
Flemming and Henry 15. Carpenter,
his conservator, assumpsit.
Ssirah Murdoek vs. .lohn K. Moore
and .lohn Wsihl-t rom : case.
C. llerggren vs. ISiish iV" Herts I'ismo
company, appeal by defendant.
II. N. Sjogren vs
IJev Holds ISsink v s
Ida Clark, sippcsil
Asa L. Knovvltoii, si
Scbastisin Hiimnics vs. (
.. IS. A (J. K.
M. E. Na hstedt A Sons company vs.
Chiirles S. llrsidy. attachment.
(iorge Morris vs. Elbert F. Lamb,
et sil.. sissumsit.
Klisibeth Fleniming vs. .Isimes Flem
ming. William Fleniming sind Henry
IS. CjirH-nter. assumpsit.
lieorge 1. Stauduhar vs. Willisim Me
Cotioehtc sin ! Henry C. Schafer. man
damus. Marv IStisey v-. C
It. I. A 1. It. It..
Da v ill I.v i n
M. A. HoMin
vs. C. It. I. A I". It
w oi t h vs. ( !
15. ( aiiiiilf,
K. M. Ludington vs. The Li
Medicine company, as-umpsit.
Northwestern Life and Ssivings
company vs. I larsi 1". Harrington. n-
Ieal by defendant.
Charles S. Kerns, receiver, vs. .lohn
W. Warr. et al. ik'bt.
Slfin & Kllbogen company vs. Kmil
W. F.rookman. a-sumpsit.
Frank I toddsmith. administrator
estate .lames lioianu .viumioro. vs. v..
IS. A O. K. K.. et al.. asc.
Kmil I5nwr vs. Deere & Mansur
Thomas Divans vs. ( .. IS. A- Q. U. K..
et al.. case.
Kdwnrd lorvn. administrator estate
f August Van Daele. vs. C.. It. I. &
V. II. K case.
Andrew Meiin vs. Moline Flow com
ISIair, Wise &' Co., vs. John Lindlterg,
et al- assumpsit.
Klbert M. Sullivan vs. City of Moline,
the "Regular Marked
Carl ... Ilemniingson v:
ufacturing compsiny sind
. ( lark Man
W. K. Clark.
l'eter l'etcrson vs. Kmsinuel Mayer,
Albert Kieksirt vs. Moline Printing
Nels Nelson vs. Moline Stove com
vs. )., It. 1. A
Herbert, sidinist rat rix
W. Herbert, deceased,
N. -W. K. It., case.
vs. l'nion lee A" Coal
-omi;i ny. csise.
Matthew IS. Cohurn vs. M
K. M. A
W. Ity and M. '. T. Co.. e;ise.
Frcderit-k Sehlueter. by Ferdinand
Sehlneter, next friend, vs. M., K. M.
A W. Ity, and M. V. T. Co.. csise.
I. M. Salsi vs. Drury A. Weather
head. ;i, Iminist rsitor estsite .Isme M.
Wesi t herhesid, deceased, appesil by de
fendant from county court.
Clara M. Peterson vs. The City of
L'iiiou Mission vs. County of Kock
Frank Nelson vs. Peter Peterson,
Divorce.---Lizzie Weaver vs. Allen
Weaver, Kmma C. lteticker vs. Henry
F. Keticker, Wilhelmina Ksirsteus vs.
(ieorge Ksirsteus, Chiirles Ileintz vs.
Marlhsi Heintz, Msiry A. Higgins vs.
Flnvd II. Higgins. Kckhsirt (!. Ficki n
ger vs. Lucy Fii'kenger. Adsi Doughty
vs. Ii-ji Doughty, .lohn A,i Woods vs.
Clara V I-. Msiry FlizahetJi Delene
vs. Kdwnrd C. Delene. Frank II. Ah
Ihony vs. P.e.-sie Anthony. Ssirah i.lv.
Merrvmsiii vs. I'.eii j.iinin W. Mrrnnian.
Klliert It. Sc-obey vs. Lulu Scolii-y. .lo
sephine Kerr vs. William H. Kerr.
Flora Kentelbsick vs. lien j.imin Ken
telbsick, Msirrist .Iciisen vs. Martin
.leiisen. Tubsili L. Psilim-r vs. John W.
I'si liner. Alice ISradley vs. Iliiam P.rad
lev. Leona Peters vs. .lulius Peters,
Mary Se.-iholni vs. Albert Sesiholm.
Minnie Lsnid-trom vs. Kmil Landstrom.
Amelia Mcrk vs. Csisper Merk. Alice
(Jreenwooil vs. lSenjamin (ireenwood.
Albert II. C. Kvers vs. .Jessie M. Kv
For"cIosure Ira McCsibe vs. K. II.
(Juyer, et si!.. Moline Trust A Ssivings
P.suik vs. Andrew Anderson et al.,
Arthur (oxide vs. Ssiniuel (ioode.
.lennie M. Si-ott vs. Msiry A. (Ioode, et
sil.. Moline Trust A- Ssivings ISsink vs.
Charles W. Fuller, et al.. Daniel Wood
vs. Clsira Conner et al.. -ISh'ck Hawk!
lloniestesul Pudding. Losin A Savings
sissoi isition vs. Kliza W. Mclu-sin. C. S.
Kerns vs. S. O. Wcstlierg et al.. C. S.
Kerns sis receiver, vs. John Thorn-
blemi. Cust Anderson. Henry C. Sell-
mer. Milton Nelson. I-1 Dunn, Ivlward
II. (iuyer vs. Camil Van !e 'oorde. K.
II. (iuvcr vs. Camil Yerinuelen. K. II.
(ii.ver vs. Kilward C. Ysin Daele.
ISills John Schafer vs. Mary Hol
dorf et al.. C. H. Widener vs. William
Studdon tr a;., i ourt of Honor vs.
Kate Quay !e. et al.. John Matton vs.
Albert Itedman. L"nitel Hreweries
compsiny vs. (ieorge Sommerson. et al..
(list Hahn vs. .. L. Hsimmerquist.
Partition Christian Thulen vs. S. P.
A. IJndsihl. sil.. Lu-y Kverett, et al
vs. Paul W'.idsworth. et al.
A TbOQchtfal Umm
M. M. Austin, of Winchester, Ind.
knew what to do in the hour of need.
His wife had such an unusual case of
stomach and liver trouble, physicians
could not help her. He thought of and
tried Dr. King's New Life Pills and
she pot relief at once and was finally
cured. Only 2jc, at Hartz & Ullemey
er's drug store.
5 per cent Iscotuirt
c CO M
April ::(). "Ole Olson."
April 21-May Flora DeYoss Ite
One of the opulsir priced attrsu
tioiis is the Flora DeYoss company,
which opens ii four-night engagement
sit the Illinois Sunday. During the en
gagement here this company will pre
sent si repertoire of high clsiss come
dies sind dramas, opening Sunday with
the comedy-dram.i. "Princes's Lou-'"'
The cinnpnnv 'arries four specisilty
irtists. who occupy all time between
ets, doing stwsiy with the usual tire
some w silts.
ius Heege's fsinu us loniedv -I'rsimsi,
t)'e Obon. is std! cngiiged- in pro
moting hiughter. gsiiety smd good fei-l-ing.
and yill be ofVcred sis a fiinmsiker
sit the Illinois Saturdsiy by si company
of gusirsinteed excellence. Fifteen
yesirs of unbri Ken success for this de
lightful comtily give proof thsit it pos
sesses rare qualities that tmike for
iopulsir success, for few plsiys live
even hsilf thsit length of time. ln"OIc
Olson" the story i- tol l in si simple,
natural smd sympathetic maimer that
sippesils to the hesirt; the fun is not
forced, but bubbles up spontaneously,
and the incidents are presented in si
wsiy thsit carries conviction. These
sire the ousililies thsit have given "Ole
Olson" sircce.-s. The perforimnice to
be given here has been directed, re
hearsed and staged by. I Sen Hendricks
sind! is the only one . "authorized sind
functioned aiV' Oil. Hcige. heirs. 1 he
compsiny present iitg.V'OK"' is an cx-j
ceii'-nt one sum many livelv specialties
sire introduced durufg the perform
0. Viola Allen.
Pievrvos and Piano
To those having pismos thsit need
tuning, regulating, voicing and re
pairing. Owing to the grcsit dc
inaiid for first clsiss tuning. I hsive
secured in sidditioii to myself an
other pisino tuner, un l will reduce
the price for tuning to $2 for this
vicinity only. All work guarsinteed.
Fst imsites f urnished on repair work.
Factory representatives for the
Sohmer. Kmerson. Ahlstrom. and
other pianos, for Illinois smd lowsi.
New pianos at factory prices. $17.
$Mis, smd upwards. Csill new 'phone
J. M. ZIMMERMAN.
407 Illeventh Street.
Rock Island. - - III.
Dring your material :ni we will
teach you to make your spring tail
or suit or fancy gown strictly uj-to-date
in every t,vle and fashion.
We are ready to receive pupils
and visitors. School hours from 9 a.
m. until 4 p. m. For benefit of la
dies employed during the day we
will have a night school from 7 p.
m. until 9:30 p. m. Itooms T,7, 33,
39 McCullough Kuilding, Davenport,
WM. GILLETT 5c CIGAR,
At Bfie mo!er Only.
YOU KNOW THE BOYS
Hildebrandt & Cash
5 New spapers, Ma.gazlnes ixnd Periodicals 5 5
ircade Cigar Store
JOHN P. SEXTON.
See the smoke chamber (A A). All nicotine and dust stop there. The
bowl can be lifted out and the pipe cleaned while lighted. Stein can
not clog. Smoke all you like with this pipe; it won't, upset your
nerves or burn your tongue. Made of French briar. You got only
pure, refreshing smoke without nicotine or dust when using this pipe.
VVe will be pleased to show them to you.
PUR.ITY AND CLEANLINESS
ROCK ISLAND, ILL.
Incorporated Under the State Law. 4 Per Cent
IntoreHt Paid on Deposits.
Money Loaned on P. rsooal Collateral or Keal Estate Security.
J. M. Huford, President.
John Crubaugh, Vice President.
P. Greenawalt, Cashier.
llegan the business July 2, 189C,
and occupying S. E. corner of
Mitchell & Lynde's new building.
Diamonds Going Down Instead of Up.
15,000 stock of diamonds, watches , jewelry, clothing', bicycles and other
merchandise being- sold at ffrettt bargains at Siegel's Loan Office 1
320 Twentieth St. 'Phone green 163. .
Harper House Block.
R.ock Island Aent for -
Paine's Perfect Pipe
as to persons nre so much a
matter of good bathing eipiip
ment that I wish to emphasize
our facilities for outfitting bath
rooms with the best and most
sanifsiry apparatus. In such
cases it is to your highest inter
est to consult us, kcc ssimples
here and get our estimates free
It. It. Cable,
II. P. Hull,
E. W. Hurst,
J. M. Uuf ord,
and II u rut.