Los Angeles herald. [microfilm reel], November 08, 1907, Page 3, Image 3

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

Image provided by: University of California, Riverside; Riverside, CA

                
iX«*Haa« i«abw^a %sfti»gS 3Kas*S3fe29 ateafiafigg cwjwwiier?7^«yi&l we sell ft* iESSj aictnAus^ assfegse? XS2&&2S Sftsfe^ss? Xastess?
1 p^^^^niliife'W© $500^00p^ALE OF GOODS I- "^T^ 1
tfij , Nice assortment of seal and walrus BMiBHI WlBilW^ ' n/Vir^WmV «Br\^^'Br^ <TTOI HTT^^lilgß^R A T flVff^sff KD i^ M I '^TklT^^^ HBB^?^^^. ! Tailored, girdle and plain crush effects; ft.-.
lj ftr^r^r r:.?, •£?& HU P BOUGHT FOR THE NEw iSTOKE OPENING 9 m ?SIS -=& m
|! S n anrfl^e a d n t. tt t tt h n U B.°nTu8 .°nTur a s rr e Bleather Tilth W^lC W A-VfUu* (^fc^t^t M^C^^JX^A^ EV^Jtt _^j*__ .S^Z^lZl
m $7.50, $8.50 and $/O $2 Oft «&. |i iWifl^Mils *^^^^%^ an Underwearats2.so ||
& Dress Shirts at • • . <PO»>^O jffluftt ' : vJ^llnSl^^lAUy|| l |l \ fjW& Broken IInPS of tnls famous make of women ' 8 underwear; every garment i&
tof, SeCOnd DCIV Of the BiS Sale /111 Ifi » PLACE TO^TRADE ;! ' fflSmmr "^sh 1 , AuTt e ra^an°wo 8ol;8 ol; a^o mixed wooi r and linen me«n; garments that ?2^
rVI ' uc^t»/*i* M^\M.y wy m ' m r *-"¦& **i«*o IMXSIIBiI 1< iwMafMiiiiM«i^wM»i»^«ai^^ag^L____^.__j__.,__uili-J-llltl« j^ ' miSMlliW Bell the world oyer from full regular stocks at $5.00 and J6.00 ; choice to. _J
ip\ ; STRAIGHT DISCOUNT OP 40 TO MORE tiian 00 PEtt CENT «ES£*SB ' IWBBBBWsWßillßlHsUMUlUlllili^^i^i^^^^^^^^"^^^^^^ 1^^ 1 " !, day, while they last, at tho price named. • Og :
%j ; These garments represent the countormandod order of a larßo manufac- J9HUSD| ' 5 w f i-r- t «*- j• o T» «; i^TSSi to illlnJlllnS' TT} ... n— * - T*l *%nmmri TJ ' nri rinon f *yCkf ' a
S. 8 \ tur.r. and were purchased by our buyer at about a third of their regular JKifflß I $§$$& Live Turkey S 1 5C dtld 18c PoUtld *fflM& WwM. {JUOmetl S leeCeCL U tUlerWear J\fC „ H '. .
«* ! worth. Some of these garments are made of very flno wool mixed ma- jKfljgMfML } ( lp(yi^ p rp . pnt market Drice is 27c We save you from »c WJftfip ! li'ilOlllV noimht <o Sell nt 39c <o 50c ' X ¦¦ .".
HJ ; and particularly well made. . .' **«MfIK3»SuPP | «£JB ' "ASK THE LINEN MAN" WzJfr ' PHI heavily fleeced and n ely flnlahed - , X
fj£ -\- rr --- j2 y^^ "*
if Two Thousand $25, $18 and $15 Suits, Overcoats ij^^ ROFI i
1 Jjljz^ Cravenettes, Purchased at 50c the Dollar ipijf s j° r { ay i
S:PW I \\ Big Special Purchase by Our Local Buyer Has Just I|'^w3^^^^ 1
|! iiii 1 I Returned from Eastern Markets. "Spot Cash" Did It. | fMIW-^^m^^^ 1 \
g BlS'l We have named a price for this great sale equally low in proportion as the purchase price. This l^\ \ V W* i : 'l ''^^^^€^^^Hr Sp
3 K^^^^s^ big lot of clothing came from two of the largest and most reputable makers of men's high grade J/JBm\ M\ jl ll^WSf^^^^S^^' 8
<: ®^^S clothing; every suit, overcoat and cravenette in the lot is the very best production of high class //'^^^Mk'iWii^Wm^^^^^^^ §3
t 111 l li tailoring; these garments arc the latest fall models in the styles that are most popular now; examine K^^^W\ 'lllfl llplll iMl^ 15 ¦
©" Br WK them closely and you wi \ find that just as particular care i 3 given the "Inside" finish as to the out- LjSF KSllsi^^^^^^ 9*
M': (j§ *S\^sidc: this ia positively the greatest clothing opportunity 'of the year. This big purchase includes /osMjjy pi®lli^l| 77/^ 6
•Ji i W £«£ finely tailored suits of worsteds in light and dark colorings; handsome suits of high grade fysJ Itfiifl 9lMl^M^^^m %
1) -Spß* cheviots; in the most popular patterns in "grays" and "tans"; also splendid suits of velours in li^^S i^^P^^SS * / S
™ \ Y^J? "browns" and "grays." Overcoats in the most popular styles of fine materials; choice ot black, | M^^W^^^^^K^m SeJ
t^^AjfSL gray or oxfords; Cravenettes of absolutely water-proof materials in gray, tan and brown; | f^jl^S^^aSßaß^ fi f\ %j \
,Bj ; /flilP^i^ SiSjl models for slim, stout and regular forms; sizes 33 to 48. Sale begins at BA. M. Saturday. I \h ; ;J|m" TSPfii \J
™ JNllii Hamburger's Guarantee With Every Suit, \ ¦ WmWm ¦ 7han "^ *
|j::--«g||^^^ ..-:;,.>.,- Overcoat or Cravenette :: « : ;V: / 1 \§lmS Illil /or " : 1
I [ JM^m I 500 Momobile Given Away in Boys' Dept ' I§M |H ™£ eh |
*p^ Vf ( pff ISP I 1 BE SURE AND SAVE EVERY ONE 0F YOUR SALES CHECKS 1 IK :JBB i|Em| jW
2] : 1 Ii I' I 1 >;'¦>' f-ilfl 1 M Sao tho For purchases made in this department, you will find prices named in this department really lower | f^^^W PifflW TJUefQ t& :': '
|Sc. \ 11 \ |l 1 | ;"».-^ |':W.J'^ Jcfe? Lfia than you would have to pay elsewhere, even at a discount of 33 1-3 per cent. | K^^^f |^ $P :
li ' 1} r!»Hv!pS 1 l ¦ Automobile • boys* $5.00 double breasted suit at $3.98 , I Illllli Fl^^ Made fk
fgS ! Ii ¦ f1 ' ' fyM \sm?.l M .' /^% ' Best; quality all wool cheviots and tweeds in plain blue; also fancy gray, tan and brown mixed pat- I £l||^|fl lian^B : i
3) !, I A |{ I .l .''';.'• ': V;Mj ® Ifl L/Ur terns; straight or knickerbocker pants; coats have ironclad lining; pants with tape-bound seams and % &Wtfl|9' h^&tffl tO $cl
f 3^ ! \ fi •i : ¦^''¦']\ llw*!'! SH 12 ' riveted suspender buttons sizes Bto 16 years. ' , ¦ ' I lyiß /\l^^B * ¦•'¦'¦' 'Ka^
» ' * * fei|lt'^plffl EOyS $4.00 MILITARY OVERCOATS $3.00 .8 50c GOLF AND ETON CAPS AT 25c \l^m<>^^^^M^ Sell (§
§! ' —^TO' ' '!-^#-iJgP > ClothiflS Military style, double breasted and button to the ] Eton style with "Teddy Bear" emblems embroid- l^aJßi J&g^&Sutt^ \ L
"jJS« , " yS/' ' WjfjL'" rri* ~J neck; have velvet collars and brass monogram ! ered ; are all satin lined; colors are red and blue; m£oo^^ 3BHK9^Z (f
j » %W (JUindOU) buttons; materials arc the most serviceable ';| also blue serge golf caps; all sizes; the price is <; jMSSm2&*^ fll§H^^ l^
3g^^^^^^^3^^^^a^*a®fiP W&&S&2& C¥mffgnp»M^l>3LWl,sCllflßiga&) 7fssf&^s& %&*&&& JssSssSsff atefegggg
RAILROAD IS
FOUND GUILTY
ON 66 COUNTS
JUDGE WELLBORN IMPOSES
$5000 FOR EACH
GRANTS THIRTY DAYS TO FILE
BILL OF EXCEPTIONS
According to Amount Involved Mon.
ster Fine Is Greatest Ever Im
posed in History — Oscar
Lawler Triumphant
(Continued from Pour One.)
that the agencies of transportation en
gaged In such commerce 6ha'.l be open
to all questions and localities upon
terms of equality, and to this end the
statutes uniformly and sternly forbid
all sorts of discrimination and favor
itism. '
The evil practices thus sought to be
suppressed have been so 1 widespread
and malignant that they require no
comment m this timu, and It need only
be said that the Elkins iaw and all
other acts upon the same suhject
should be fo construed and enorced
by tho courts ac to promote their pol
icies' and expiate the evils against
which they are directed.
I pass now, by easy and logical
transition, from the foregoing observa
vatlon to those particular circum
stances of the case at bar, which were
suggested to the court by the counsel
for the government and defendant re
spectively, when the case was last .
before me some two days ago.
¦Had there been no mention by de
fendant's counsel In the matter, I
could not, of course, be unmindful of
the salient fact that the unlawful
concessions made by defendant were
email in amount, ranging from 35
cents to $14.35, averaging io-21^,, ,and
aggregating $340.35, which aggregate
not more than 1 per cent of the total
traffic of the same sore contributed
by the shipper to whom the concession
was made.
Important Factors
While these circumstances do not in
any way affect the abstract question
of Innocence or guilt, they are mani
festly important factors In determin
ing the punishment to be inflicted, and,
together with other matters of less
consequence appearing In the record,
which I will not take time to enumer
ate, forbid the maximum penalty.
1 Any other conclusion upon the pe
culiar facts now before me would ob
literate all distinction as toj degree of
culpability and subvert our own sys
tem of penalogy, probably the best yet
known to human governments, by in
troducing the principle of that ruth
less legend, ascribed to a celebrated
law-giver of Athens, by which he Justi
fied the rigor of his laws, to the effect
that the least offense teemed to him
deserving of death, and he could devise
no greater punishment for the worst
crime.
Tq the claim by defendant's counsel
that the testimony which was etrlck
en out by the court showed that these
concessions of bona fide settlements
of claim against the defendant for loss
of goods in transit, made under the be
lief that the law permitted euch set^
tiementa, and that this evidence, al
though strleken from the record,
should be taken into account in de
termining the degree of punishment,
I have given careful attention.
That iuch evidence may be properly
considered by me at this time will be
conceded, but I am unable to accept
counsel's view as to the effect of that
evidence. It falls far short of con
vincing me that the concessions were
bona fldo settlements on claim; on the
contrary, there are many circum
stances which point to the conclu
sion that such was not the nature of
the concession, but that many of them
—particularly the later ones— were the
results of a preconceived plan by the
defendant to deviate from its pub
lished tariff In the interests of a
shipper.
There Is a suggestion somewhere In
the record, that defendant's motive
was to stimulate the loading and use
of cars to their full capacity during
a period of car shortage. This motive,
aside from the fact that its execution
involved violation* o; th» law. would,
LOS ANGELES HERALD: FRIDAY MORNING, NOVEMBER 8. 1907.
if it had existed, perhaps not be
censurable.
I am Inclined to think, however, that
the defendant's underlying purpose In
the transaction compiained of was to
foster on Its owi lines of road an In
dustry which v would permanently con
tribute to its traffic against competi
tors 1 In other localities depending upon
other lines of transportation for ac
cess to market. What the defendant's
motives and purposes were, however,
cannot be certainly determined from
anything in the record, nor is It nec
essary now that this should be done.
1 am satisfied that the evidence
shows, as was succinctly and forcibly
stated by Mr. Lawler, the district at
torney, that the concessions were in
tentionally and systematically made,
and It is hard to believe that the de
fendant did not know that they were
unlawful departures, from the estab
lished tariff.
At all events. Ignorance of the law,
under the circumstances of this case,
would Imply a degree of negligence
well nigh equivalent to guilty knowl
edge. These latter considerations will
not permit me to classify the present
case as one which calls for the low
est penalty the law allows.
Rejecting, then, as unsuited to the
present case, both the maximum and
minimum penalties, I must filnd, some
where between the two such a medium
as. under all circumstances of the case,
seems to meet its Just requirements,
and thereupon pronounce the sen
tence, which, while not unduly se
vere, will yet effectively eerve as a
warning to all persons against like
offenses in the future.
First Fine of/Kind
This is the first occasion on which a
fine for rebating has been assessed against
a railroad In California, and the an
nourcement of the fine attracted great
attention on the streets, in offices and
omong people in all walks of life. All
day yesterday the telephones at the office
of the clerk of the United States district
court were kept ringing by pereona who
wished to know the outcome of the case.
Probably no case In Los Angeles has
attracted aa much attention as the one
against the Santa Fe. Since January
9, the date on which the indictments were
returned, the progress of the case has
been watched with tho greatest possible
interest.
Attorney Oscar j_,awler, the man who
has been, in charge of the case against
the corporation at all times, yesterday re
ceived hundreds of congratulatory mes
sages on the success which had come to
his efforts.
The case against the Santa Fe was re
markable for a number of reasons. Not
the least of these wa9 the fact that the
Indictments were built largely on evl
cence given by a discharged employe of
the company, V. A. Sappenfleld. This
young man was discharged from the
service of the railroad late in 1906 and a
few days after his discharge appeared
before Oscar Lawler and volunteered the
Information the attorney was seeking.
This Information was of Incalculable val
ue, and It is improbable it could have
been obtained from any other source.
At the request of Attorney Lawler Sap
perfleld appeared before the grand jury
composed of Daniel Innes, foreman; Al
bert H. Busch, Edwin Alderson, Charles
O. Butler, H. D. Barrows, Franklin
Booth, W. F. Ball, Oscar Doollttle, E. H.
Dalton, Henry Donatos, Francisco Estu
dlllo, Albert P. Green, J. F. Holbrook, Al
fred Jones, Edson J. King. Richard H.
Lacy, J. M. C. Marble, L. J. Mathews,
George W. Parsons, Henry W. Pette
bone, Richard D. Stephens, H. L. Tubbs
and Jesse M. Umsted. •
There Sappenfleld repeated the testi
mony he had given to Attorney Lawler
and after several weeks' Investigation
the Indictments were returned and sum
mons Issued.
Following Is the chronology of the re
bate case:
January 9, 1907— Indictments filed and
summons Issued.
January 17— Notice of "Indictments
served on E. W. Camp, acting agent
of Santa 'Fe.
January 14— Order entered granting
time to plead.
January 28— Motion filed to quash In
dictments and order for continuance
entered.
February 4— Order for continuance
entered.
February 11— Order made submitting
motion to quash.
March i 13— Three briers filed by
United States district attorney and re
ply brief by counsel for defendant
railroad.
April 11— Order entered denying mo
tion to quash.
April 13— Demurrer filed by Santa Fe.
April 22— Santa Fe's demurrer over
ruled.
July S— Order entered setting trial
for September SO.
September ft— United Stattes subpoe-
nas issued and list of jurors issued
lor defendants.
September 10 — Additional United
States subpoenas Issued.
September 14 — Additional United
States subpoenas issued.
September 23— United States subpoe
nas served.
September 30 — Case came to trial be
fore Judge Olin Wellborn In United
States district court, with United
States District Attorney Lawler In
charge of prosecution.
October 11— Verdict of guilty re
turned by jury.
October 14— Order entered continu
ing sentence.
October 22— Santa Fe filed motion for
arrest of judgment. •
October 31— Motion for arrest of
judgment denied.
November 7 — Sentence pronounced.
Intimates Appeal
When a correspondent called at the law
department of the Santa Fe In Chicago
yesterday the officials there declined to
make any statement about the fine, but
one member of the staff of attorneys said
an appeal would probably be taken.
President Ripley was seen at his office
and said:
"We don't care to make criticism on a
judicial decision, except to say that we
don't think we wera guilty of any viola
tion of law and that we shall carry the
case to the court of last resort."
Judge Wellborn
Judge Olin Wellborn, the Jurist whose
decision has brought consternation into
the camps of rebatint,' railroads, has long
been krown ac one of the foremost at
torneys of California".
Judge Wellborn was born at Commlng,
Ga., June 18, 1843, and was educated at
Emory college and at the University of
North Carolina. At the outbreak of the
Civil War he left the latter place and
enlisted In the Confederate army. He was
made a captajn at the time his regiment
was formed and served through the war
in that capacity.
At Chickamauga he was severely
wounded, but after passing some time Jn
a hospital was able to return to his com
mand. From thw time of his return until
the end of tha war he served under Gen.
Joe Wheeler and emerged from the army
u> a brevet colonel.
In 1567 Judge Wellborn was admitted to
the bar and a short time later he moved
to Dallas, Tex. There he soon became
popular and before many years was
known as a power In politic*. He was a
Democrat, and soon had a following
which decided that congress was the
proper place for the former Confederate
captain, and he was elected to that office.
After serving one term he ceased look
ing for political honors and In 1887 moved
to California. He first located in San
Diego,, but later moved to Los Angeles
¦and has since made his home here. In
1595 he received his appointment to the
federal bench. This appointment was
given him by President Cleveland.
Judge Wellborn has two sons, both at
torneys and engaged in the practice of
law in Los Angeles.
BAKERY OWNERS AGREE
TO INSTALL SCREENS
Few Stubborn Owners Acquiesce in
Inspector's Order* to Make
Shops Sanitary Without
Recourse to Courts
Bakery Inspector Jesse Caldwell reports
that three stubborn bakers who felt that
the new bakciy ordinance was a hardship
and were inclined to resist have come
Into line without the necessity of prose
cution In the courts.
These owners have been forced to put
screens in their windows where the bake,
shop wlndiws were alongside corrals or
unsanitary places.
One pie bakery owner was also obliged
to recosntruct part of his plant In order
to keep within the strict limit of the law.
Mayor Harper has had a hobby that
clean restaurants, meat shops and bak
eries were demanded by the people and
has backed up tue Inspectors in their
crusades.
FORMER PATROLMAN'S WIFE
SEEKS DIVORCE DECREE
Divorce proceedings were filed in the
superior court yesterday by Mollie
Beasley, wife No. 1 of the convicted
bigamist and former policeman, David
I. Beasley, who has just been sentenced
to one year In Polaom by Judge Curtis
D. Wilbur.
The complaint was issued by Deputy
L/istrict Attorney Asa Keyes. The suit
will be brought on the ground that
Beasley has been convicted of a felony
3
and no difficulty is contemplated by the
wronged wife in securing a verdict,
especially since Bealsey's second mar
riage has not been annulled.
TWO UNHAPPY HUSBANDS
SEEK DIVORCE DECREES
Divorce complaint was filed in the
superior court yesterday afternoon by
Georgo H. Starbuck, who seeks separa
tion from his wife, Myrtle A. Starbuck.
S. S. Saunders is attorney for the plain
tiff. As yet It Is not known if the wife
will file a counter complaint or will
appear to contest the case.
John A. Walthery also sought a di
vorce In a suit filed yesterday in tho
superior court. Mrs. Jennie M. Wal
thery is the name of the wifo from
whom he seeks a separation.
I SHIRTS I
¦B have true ie*mi, ttroog button- ' '^» :
holes, cut on (dentific- ¦ &S '
»lly accurate pattenu. They .'' : g^ : 'A
are made in white v well J^m
W^ ' v fait colored iabrici in -'my !¦ '.
- - - $1.50 and more. -¦" - ¦ :
MABODY 4 CO.. MM?