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Daily press. [volume] (Newport News, Va.) 1896-current, October 30, 1910, Image 4

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Scores Touchdown on Local
High School in Final Quarter,
HARD FOUGHI SIRUGGLt
Atter Visitors 3core Locals Carry B-iU
to Thrse-Yard Line Only to Loss
Score by Mumy of Signale?Garner
Stars.
After holding IBB Visb?rs scoieloM
fur thiee BS] Bit* IB. IB* fool ball eleven
u the laaaj High art aal aBosied fast
strunz team of the Norfolk High
School td .?cor?, a touchdown in Hie
bloatag Quartal ami sin a stubbornly
r a gat bat He on tin t 'as no gridiron
yaatatttaj morning b> a margin of ??
to o. The toawa of the Norfolk Bays
spin red the- loeals on to great.' r et
torta and after 11 v man Ast recover...
a punt and ran fifteen yatds bet?re
being downed, the Imme t< am rush.'d
the ball to N? rfolk's Hire-yard line,
but there the sigutils went wrong on
tiie third down and the bill wir
over, preventing the locals from
?itlier tying the score or winning the
gam.f.
St veral hundred enthuslas s we?
nt ssed the game and in let est ran at
fever heat ev.-ry minute. A number
of the young lady students of the
High school braved the b.tlng wind
to watch the game, and IBB* on.oi r
sged the locals throughout. I he
en wd was Hie most orderly that .ever
watched a High schon; game at the
t'asitio und little trouble was had In
K. i ling the spectators off the grid?
iron.
Visitors Cross Goal Line.
In the liual quarter Norfolk r tstvrt
the hall down the field and succeeded
In geiting to the locals' six-yard ill'1,
bat there L Ast recovered the leath-r
on a tumble, rjoihetl kicked out und
I awl. i cap!ined Hie leather and ran
twent; live yards to the fivv-yard line.
In 'wo d< wns Kwell was shoved over
I the hue for i touchdown. The visit
I t.rs utteiu|i'<il to iiunl mit hikI get u
I lair catch for Hi.- try at goal but tin
i ball was not caught
I K> llouIn*, the kick-off. Hie local*
. nis.'i.d the ball down t h. ? Ib id nntl
I Qaraar seolid on tno Newport New*
I tony-; an! Mae, Pierce fumbled and
I 11 > milii Ami scooped bo ball up and
j i.in tlfleen yards before IM; ng
|iiouni-d by Hiroo visitniK taakJeri
( o> bi ll and Garner then kegM nuck
mx th?- lino on a delayed paag forma?
tion and i Hirb'd tin- loiitnor to 'he
I thr.ie-yard line. There the slauals
Mein wi< ng und tip ball and a touch?
down were hist. Norfolk kicked out
of dagger und tin- game ended,
i G-irner Star of Game.
Gainer was eas 1> the star for the
locals, bis line plniging :.ud tacKlniK
j being hint?rai Ha hit tmk Ibaa Mfea
I a sit am engine and no loan than
] throe of the visiting players loll be
for, bis onslaught gad hud to he re
inivcd from the game. Corbel!, ll . man
Ast. Cteaeants, Bnllenllnc and BonsntOa.
also played a s n.ng game, the tack?
ling of the last three named men he?
ilig a feature. I'lerce, lYndcr, ?afl
MM LnwlOf starred ?.r the v sitors.
Capl. A. Moor." also playtil a strong
game.
How the teams lined up:
NVwporl News. I'oFl.tion. Norfolk.
\a It end
L A>t . LMMaf
I^efl Tackle
Krlght . Gayle (lludgins)
Left Qaard
Hallen ine . Mlack
Center
PkUIlN (Segel?-<'? Maori (Oajrle)
Itighl Guard
BeaMBoa . TacM
Kight Tackle
Whitnev. Carter
Kight Knd
Clements . A Moore
Quarterback
II. Ast . Pender
4 l>o(ra Dame Lady's Ippeal
Teatl *""wi"ii ?'>ti-ri-' sfraaaaM has.wartft
t ?nssfalai er< f th? tatata asavtaa kaaaaaaa,
Banbaeaa, eaten in tnr ktum-r? or nnoaiiia
rnli'n. to \\rtf? to h?r toff ? home trealicif 111
hl' h h?? rcpfintedi-.- eaued ? I or triene t r
l?ea ?h? r?el? It her dafey to m**4 It to all
laffrtcja 1'Kss Von ra*e jteae*efefat aeaae as
iiiminatui* win testify- aa eaeaas <r ? itm*te
aataa >rrcw-tf im? ?unsir afaoroty kaa
baaa arts mM a are th? Mand, loomi lao ?tif
tr**l Jr> tu? ptirltl?? the IiI mmI unit hi|eht?r?
thcfiyea, rtvtna ?rl?itli-liv- ?tut linn to ih? who I*
e?ataai. It tea aliove InternM* von, for pne f
?d trees Mrs m suaitiicr , Baa k. Heats aataa
laittaaa
? ... ...rH ... ... . . ... ,i
I Maa <>f smart vk The stau-, a
f mm rm I have not flic r.m
Left Halfba- k
i Henso,, . Eweil
Itlght Halfback
l<!arn. r . Ileroe
'( Fui! bark
jjCortwII . Hall
.COMMONWtALlH WINS W
COMPLcTE VICTORY
(TlH Mil 11 fioiu Klrst Page )
court t. undertake io question that
initiier
"Ami. furthermore, | have a note
here f i oin anotlior cuse which I
atuathisa] acroaa la Beech. It is the
Vat
number
j of the fBiBMBl aaaa, but it is dies'
I in Baach, aoo?os ioj, wiiei - Justice
Powell or Powera refers to Mr.
Wright's oplnii n as an attempt to
tlnow BsBBred t upon the English
SOSMsSg law of criminal conspiracy
I in he said Mr. Wright BBsJ otners
are against it. That is the opini< n
Of Mr Wright and Sir Kit/James
? .-'.' vciis. It is a lung case, in wlii'h
Itbe Judge had Mr. Wr.gilt's book ae>
Ifor.- him and considered it. So tint
s? far as the general proposition ?t
SQSBssSB 'aw criminal conspiracy is
concerned I believe tha it exists in
Virginia N< w, there are a great ]
many cases that have been cited 'Inf
I hi ght. go through more 'or lex?, but '
it would no; accomplish anything, and
I will not turn loose upon yon wha' I
have read, b. cans, you have read
more than I tiav.-, and I have just a
memorandum Of some things nere ,
which I will read now without going ;
Into a m-jre discursive discuss on of)
the case. There is a case In Texas
which is very thoroughly considered,
gad a ease ill New Jersey, and they ,
are both very full of meat, whether!
you take the opinion of a majority j
of the court In th ? Net* Jersey case'
or wintrier yen take that very sup'
rlor oplnl in of Judge Swazey, m
which he swats the majority."
"Chief Justice- Shaw in Com-j
monwealth vs. Hunt, says: 'The
general rule of the common law:
that it is a criminal and!
indictable^ offense to confederate and
combine together by concerted action:
to do that which is unlawful or critn j
Inal. to the injury of the public, or.
portions or classes of the community, I
GRANBY
NORFOLK, VIRGINIA.
Matinees Tuesday,Thursday.Saturday.2:30 P.M.
St. Elmo
The Sensational Success ol
Two Seasons ? VAUGHAN
GLASER'S BIG SCENIC
ROMANCE ::::;::
Dramatized Irom Augusta Evans Wilson's book by VViilurd Holcomb.
The Only Correct and Authorized Version.
Presented by an Admirable Cast of Carefully Selected Artists.
Seats Can be Ordered by Mall or Telephone. Regular Granby Prices*
^> The Store
That Helps You Meet the Higher Cost of Living
It is e^er the aim of the A<fcp Store to keep down high prices and to maintain
its reputation for high quality. The buying power of the Grat Atlantic ii Pa< ifiY.
Tea Co. (.150 stores in the (uited Statt?) eoablrj us to paVf you the most reliable
of table and household supplies at specially reduced pric-v. Note the eitra values
for this week.
FREE! FREE! FREE!
Large hravy Cirpet Broom
TiQZ \iiih e*< li large can A
?V.P Baking Powder at 50c
Nvwaj Mackerel, about 1-1 lb.
each. 7c
Peanut Butter, a lb.Ik
White Wa\ or String Beans. J cans 25c
Pickedup Fish. I pkjrs *c
AfcP Baked Beans. 6c, 10c and 15c
Red Alaska Salmon, a can.18c
New Layer Fijrs, a lb..12c
Neu Hates, a pk?.. 5c
Fancy Elfcin Butter lb. 35c
EXTRA CHECKS WITH THE FOLLOWING ITEMS, ALSO WITH TEA,
COFFEE AND GROCERIES
wit. 1 ran S.iitani Si.,.o 10e 1 al-h 1 bvtte A. 4 P. Ketek.? . :8c
with 2 cake* A * P. Serratia* Soar, ear* %m 1 with I *o?tle A ? P. Arrwrnnta . tie
wltli I hov Shak?r ?t?!i 10c 1 with 1 bo-tle AAP Mn?tar?1 . 10c
with I Ja* A. a t* Jaai. 14c I tun | caw Nellable Pea* . . $M
with pa> cake AAP Prrmmrn ?'l,rw..|?t. lie , I with 1 antlle A. * P (Mire Oil .O*
DELIVERIES
HAMPTON
WEDNESDAY
BOULEVARD
FRIDAY
PHOEBUS TUESDAY
TKfGRfAT
ATI ANTIC-PACIFIC
TEA CO
PHONES
BELL 350 L
CITIZENS 63
2603 WASH?
INGTON : AVENUE
tw??
or eveu im lit.- i.? I aii \mm
Aa<) tmt It Musi depend upon t
ral law? 01 each country to dcte
whether the purpose to be aceum
pHshed by tlir romMBS?Ofk, or the
concerted mein.- ..f accomplishing I',
be unlawful .ii criminal in the respec
tlve countries
! "'rhererore. lei 111 enqtil re wheilu-r
this combination lo tlx ilisur
ance ratoa is a r rt?I?I oombi
nation, per ae. in Virginia ?
I "Labor may combine for self help.
I bo may capital in its manifold per
mutations ami toteblnatlntef eggst It?
own welfare b) lawful means even
though |t, In doing so. accomplisn the
destruction of Its competitor; or ever,
though it Intends this result, so long,
as Its polar star is the betterment oft
Self and Its meant are lawful. Thus
far It seems thai Ifta analogy between
capital ami labor may go Hut if cap
Ital combines lo monopolize, or de?
stroy competition in the prime neces?
sities of life, it was always mi common
law. and I believe now is In Virginia,
a criminal conspiracy.
"Therefore, the qanetJOO arises. Is
lire insurant e in general, or in New i
port News in particular, a prune no i
(essity such as thai tan combfaatioHI
to fix and maintain raten at which,
Insurance shall be written in the city,)
a criminal conspiracy? We know that!
It is not a prime necessity in the |
sense in which 'meat and bread' Is.
One has no option as to wether h?j
will eat meat ami bread. It is eat t
or die. Many people may insure or
not as they see tit. and do exercise'
this prerogative. So in tfiat sense It.
Is not a prime necessity; though l!
do not understate to lay this down as!
a test of prime necessity.
"I am aware that there are few
business men who are willing to dol
business without insurance, and that)
scarcely any one will lend money onj
property, real or personal, unless thej
property is Insured. So that in thisj
sense insurance has become an essen-:
tial to the transaction of the every'
(lay bu-uness of life, though it be not <
commerce, nor is the writing of a pol-'
Icy of Insurance an act of commerce,
nor. as t.sually held, a 'commodity" or;
article at all. I am also aware that
there are few places in the country I
where a larger percentage of the poo-'
plo are dependent upon borrowed cap
ital to build their homes or to trans?
act their business than in Newport
News, and, hence where the people j
are more Scenndenl upon insurance, j
"Hut Dontrler's I.aw Dictionary ex-J
presses doubt wbethi r the com inn law,
again*! engrossing applies at all ex
cept to obtaining a monopoly.of pro?
visions and I am not prepared to any
that insurance is in the common law
sense a prime necessity of life in gen?
eral, or in Newpoit News in particu?
lar, so as that a combination to fix
and maintain rates In said city, on
account of Its tendency to de?troy
competition In such a prim" necessity,
is per se. a criminal conspiracy.
"This is. in my opinion, a matter
of too grave doubt In view of the pe?
culiar nature of the business. In view
of the holdings In many of the states
and in view of our own statutory at?
titude in Virginia toward such a com?
bination, to justify me in holding that
regardless of the question of the be?
havior of such a combination, the pub?
lic policy of Virginia is that if Is a
criminal monopoly. By statutory at?
titude. I refer, of course, to the enact?
ment of the Wharton law In 18?*.
whereby such a combination as the
I one in question was prohibited, under
fines and jienalties; the subsequent
revocation of this law. and still later
the establishment of a bureau of in
surance. with an insurance oommis
sioner at Its head, for the observation
and rciulat^on of all insurance bus'
ness in the State.
"Yet. if there is a common law of
crimina' conspiracy in Virginia in all
its 'pristine purity'and power' (adopt
Ing Judge Rrown's language I as I be?
lieve ther* is. and Judge Kauntle:ov
In the ("rump case seemed to think
there was. against 'boycotting.' peo?
ple's conduct in this State must be
tested by the law whether they com
bine primarily to regulate insurance
rates or to run a Sunday school.
"Anl. if it can be alleged and prov?
ed, for instance, that a combination
of persons or Insurance companies or
both, formed for the purpose, amongst
oiher things, of regulating rates of
Insurance in the State in general and
In Newport News in particular, ex?
isted and that those forming such
combination ""had and exercised the
power to fix practically the rates at
which insurance could be obtained in
the city of Newport News, and that
the members of the combination or
any two or more of them ac:i!at?d
entirely, or maJnly. by wantonness, or
pique, or other evil motive, arbi?
trarily raised the rates of Insurance
In the citv not as a fair and legi
timafp means of coveting the add'
tlona! coat of writing insurance ma-'e
necessary by an increased tax rate,
or otherwise, then f believe that the
use of the uawer of 'such a combina?
tion for siirira purpose BsanM be so
prejudicial to the public welfare, and
so beyond sny legitimate scope of i's
em tat erne as to be an indictable con
sniracv under the cenatnoo law of Vir
glnla"
ant inclined te> think thai 'be
original wart ant ought to aver 'ha
power in the parties conspiring and
It ought to in more particularity a?*r
that wh"h i? relies upon the oost.
ate a conspiracy. In o'k-r words tBe
?ample. If | may no denominate it <>r
the warrar,. which la before me
rcaliv iniiri- of a challenge to the
other side, and (hat yon can draw a
warrant :?> make out a case, and an
a warrant as I understand it. offered i
for he i in to paaa upon ??-anilely
After it had been agreed to amend
th# warnrrf?. Captain rVrheley asked
the f un?ei for the defense If 'hev
would ag'. . -o the drawing of one
aarrat ? f.. (be enMre caae. but
\t' Mat he aadd tan- the Of. n?'
aid not want to eg* re tea aay choice In
the amendw nt af the Warrant? and
that it won id
agree to an< thing.
J
i* common law
In Virginia jnntlSaa tfco action of
Berkeley
X 111 VMMf* SUPERB "
I U L I Iwl 1 I gjp VAUDEVILLE
I WEEK qCT. 31st THE BEST EVER!
^ Engagement Extraordinary For Entire Week
ANNI
8 The Fa
}J A PROBLEM SC
Famous Human Ityagnef.
CIENCE HAS YET FAILED TO SOLVE.
A MARVELOUS DEMONSTRATION OF SUP?lRnUMAN POWER.
MONDAY, TUESDAY & WES, ONLY. ! THURSDAY, FRIDAY & SAT. ONLY
Harris & Beauregarde
in their Rural Comedy Sketch
THE AMERNS
AMERICA'S ARTISTIC ACROBATS.
TN Greighion Sisters
'THE COUNTRY JUDGE"
Dainty Doily Marshell
MORGAN CHESTER & CO.
Ii MW i.IIUl.S i ?' M KI?V - k K I? II
BLACK FACE C^MEDMN. ! vMiii i
!_
X SPECIAL EXTRA ATTRACTION FOR ENTIRE WEEK -
IWoodforfs EDUCATED Animals
8 COGS, MONKEYS PONY AND C3UASEL II, THE NAN MONKEY.
Matinees
? at3:15p.m.
CHILDREN
at Matinees -
Nights
7 30 and 9
Academy of Mu.ric
????MMIilMIIMMIil . 'iMHflUf'li i' I IfiTHTinWliilHIIH I I ii I. I II III II IMP I III??
Absolutely the Bilges Theatrical Triumph in the History of
Newport News
5th-Week of Continued Success--5th
- of the -?
Guy Johnson Stock Co.,
Monday, Tuesday, Wednesday, Matinee andNight
W. F. Malin presents Miss Elsie Johnson, In the Great Western Comedy
-Melod rama-??
"Little Miss Nobody"
See the saw mill in operation; see the thrilling rescue; see the
sensational knife duel; see the burning and robbery of the raiU
road station; see Jake and the Chinaman.
BIG SPECIAL VAUDEVILLE FEATURES
ILLUSTRATED SONGS AND MOVING PICTURES
SPECIAL FRIDAY NIGHT, NOV. 4th
A mignificent 100-PIECE DIN\Fk? StT OF I>l PORTED CHIVA WARE
now on exhibition at the PAUL MAHN i PE I vi.TY CO., 3204 Washington
Avenue, w I! b: givei t? some lucky p*tron
Entire change Monday and Thursday
THE BIG SHOW FOR LITTLE MONEY
Night, Iflc; Ladies' Matinee, 5c
"Get the Habit"
warrant* arain?t the li??ur?nci? m n | *ft*r a thnronrh Inrcatfratl >r. :h?-v ?h?? i?:i<c < <t?n. AtlemrT R M. I*tl
. _i m. i.-1 .,_j i? vr>Inti:f?er?l to jgfai forro? with <'ar?
ch.rtfna. them ?Ith rrteHnt! con.p.r A *tfM tke> 9jm ?-M tnd Carte! . ^ %?Mt
*r, .IBA-r IB* COB?B??l lew IWTk^lry ?WOO Ml WArratlf? ?M.B?: y,r ^ Mr g^n** ,^ rrcHj
Vhm th* Vlr.lBla comtrfro ,.f *>* o?lc*m and ?? *** fmx *my rwineratlof, lor their ?r
_. I f pia*aatlen The warratva wer* r,
the r??nr*nce aeao. latin. \*>mw4 KB ?mr4 am tre Bcrwew wmv iBw-y t? 1it- _ . ,in . .
r*t?. n tfct. ,?t im nrr ,rr.i ?' /. ,. 7 :*????? hat?? bun ?.iTrm..n. 4 <n t?*H
ra?r. n tiim . ttr tm prr tu? ?i r , vVhen ?h<- ra?e w?n t*W In ?hr I >w'-r
ttee HtT rawajcil reitW '
nr *>1 nrr InvwrBlWB I
Bn?n^? k--rc. CBP'??n l>r?H?j-?M f .?g ^^^pg^Bi Bb *e CorporBtlon Hmmi-m
hru.rwy W r SfMl bc?*n lt?rt>e- SZJJT^ *
bjm IB* mmttn at ??e m?tKm\\\r<a\ Votunteec mis ?enr.eBe.
ee Mimilil tm lilijpilil.j Betaee eke cbb eea>? te trteJ Im
^h?n ?hr r.v. .? t-l^a In thrJBWW fT ? ,b<> bMrt(I|( of Ork. ?e It.
mmr>. J?M\c+ Hrcrwv fowiM!I ib? bc ?^j, atm< t, that tbo
rnBM *Bllty and ?b<hJ tk*? f ,rM, V|ll ,^,M9e ,.Q dar. at two
COOK WITH GAS

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