Martinsburg herald. [volume], February 16, 1907, Image 4

About Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920

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I|fe B|aRI1NSBII^ pEiykLO
A REPUBLICAN NEWSPAPER
Published Every Saturday.
Official Organ of the Republican Party
in Berkeley County.
WILBUR H. THOMAS. Editor.
W. E. HOKE HE!.NS & CO..
Owners and Publishers.
W. E. HOFFHE1NS. Manager.
145 N. Queen Street,
MARTINSBURG, W. VA.
Advertising rates made known on
application.
IJ -
It is astounding that in this state
there are some republicans who are
fighting for a “Jim-crow ' law. Such
a measure is characteristic of a demo
cratic state, and it cannot lie shown
that a republican legislature ever en
acted such a law. and we do not be
lleve it will have any great following
In this state. The colored people here
have not made themselves so obnox
ious to the white jieople as to cause
separate cars for them. Why all this
talk and nonsense we do not know, but
such a measure will meet the fate of
hundreds of other such nonsensical
bills—the pigeon-hole.
-o
The statements of the banks of this
city is one of tin* very best means of
deciding to what extent we have
reached as an agricultural and manu
facturing county. They show a steady
and continuous growth. Never before
have the workmen been so well paid
as they tire today. Never before have
they had so comfortable living. In
short, no man who wants wont can
fail to secure it at good wages; no
man who is industrious need be afraid
of not making a living right here in
Berkeley county. Prosperity is hen*1
and everybody is happy. What more
could a community wish?
There seems to be quite a great
deal of speculation as to who will be
the republican nominee for president
in 1908. The republican party has
many statesmen from whom a winning
candidate could be selected. The con
ditions of the country at this time
makes it vep- uncertain as to who wilt
likely be the successful candidate. So
many unsolved problems exist that ir
is iK>ssible that some one who is now
the least thought of may be the fortu
nate one because of his sudden rise to
prominence on account of figuring
largely in some unforseen event. Such
a thing has happened, and it is likely
to happen again. As for the democrat
ic nominee no one living could even
surmise who Its .Moses will he. It is
like sheep without a shepherd.
-_o
A great many democrats are now
saying that the new tux laws will not
raise enough revenue to run the af
fairs of this state without raising the
levy for state purposes, therefore, de
feating the very object of the law.
namely, to do away with state taxes
entirely. This is undoubtedly true if
sonic other means are not provided to
raise more money. Hut it can be con
fidemly expected that the administra
• tkm forces will devise some plan
whereby this difficulty can be success
fully reached Without departing from
the original idea of taxation as was
framed in the law. It is well known
that the insurgent members of the sen
ate and house, aided by the democrats,
are trying to defeat the hills fostered
by the administration. Such an ob
stacle can retard legislation to a great
extent. Various bills have been intro
duced. which, ii they become a law,
will raise sufficient revenue to meet
all the expenses of the state. And h
is to be hoped that such legislation
will be enacte,. which will meet the
ends in view.
I Several of the circuit judges have
! handed down their decisions tu the ap
; peal cases of the railroads from the
assessment made by the board of pub
lic works. In each case the assess
! ment was sustained. Judge Mason in
I timated in his decision that the rail
roads were not assessed at more than
one-fourth of its true and actual value.
These decisions are an indication of
! what can he expected from the othei
judges who have so far withheld
their decisions. All this goes to show
that the new tax laws are working out
Sts predicted by their makers. Tin.
I corporations are beginning to set- that
I they must bear their just proportion
I of the burden of taxation, and the
! sooner -they fully understand this the
better it will be for them. The courts
! will uphold what Is equitable and as
! long as our judges act honestly just
so long need the common people not
1 fear the iron hand of unjust corpora-!
, tions. The judicial department of gov
ernment is the hope of a fret1 people,
and if it is kept pure and clean our!
liberties will not be impaired. There-,
fore, no one need be alarmed as to
what the decisions of the other judges!
will be. They will decide according
1o the evidence, and for what is right
and proper.
—-- -
MANY PLRISH IN COLLISION
TWO VESSELS WENT DOWN IN
LONG ISLAND SOUND.
—
Steamer Larchmont Crashed Into the
Schooner Harry Knowlton, With
Great Loss of Life.
New York, Feb. 1J. -The Long*
Island sound steamboat Larchmont, of
the Joy line, this morning collided
with the schooner Harry Knowlton,
the later sinking almost immediately
off Watch Hill.
A telephone message from Block
Island slates that the Larchmont also
sank a short lime after the collision,
and of the 150 persona aboard only
eight have been accounted for alive.
Fourteen dead bodies were recover-,
ed. having been washed ashore. Sev
eral of the passengers who were taken!
off the sinking Larchmont In the first ^
boat were frozen to death before
reaching shelter.
YOUNG LADY INJURED.
Former Resident Seriously Hurt at
Bellaire, Ohio.
I
Miss Maggie Creamer, the Id-year-,
old daughter of .Mr. and Mrs. William
li. Creamer, former residents of this|
city, was seriously injured Friday af-i
ternoon last at the Buckeye Enamel,
works, where she is employed. An
iron door, weighing 500 pounds, acci
dently fell upon her, breaking her left,
leg below the knee and otherwise in-'
i
juring her. Wh.le her injuries are
serious her recovery Is expected. Mr.!
Creamer, the father of the young lady,,
lias been very ill, but is in an improved
condition.
SCHOOL BOYS EXONERATED.
Were Not Guilty of Charges Brought
Against Them.
An investigation of the charges!
made at the last meeting of the board!
of education against two high school!
boys was held Tuesday night, and af
ter the matter had been thoroughly!
sifted the lads were declared entirely
innocent of the offense charged. It de-i
veloped during the investigation that
the boys were hiding from one of the!
teachers, and that the latter had pre-j
stinted they were making an effort to|
break open the door leading to the!
tower, hence the charge.
insulted a Lady.
A Greek with an unpronounceable
name was up before Jurtice Thomp
son on Saturday evening for having
insulted a lady residing on Hast Mar
tin street. He was assessed $10.t>0,
which he paid.
A Don’t neglect your cough. - 2
O Statistics show that in New York City O
2 alone over 200 people die every week from 'jf
<0* consumption. Q
2 And most of these consumptives might 2
be living now if they had not neglected the Q
warning cough. V
A You know how quickly Scott's
OEmulsion enables you to throw off a 2
Jrakj/* cough or cold* 2
J hlj ALL DRUGGISTS? 50c. AND $1.00. A
WINS ANOTHER TAX SUIT
Judge McWhorter Decides Against;
Baltimore & Ohio.
TEXT OF MASON'S DECISION
. ___ ■ ■■ i
Reviews the Railroad Tax Appeal Case
In Detail In His Ruling at
Morgantown.
Again is the slate victorious in the^
Baltimore & Ohio appeal eases on the
assessment of railroad valuation, and
this time the victory for the tax com-:
mission comes from (Jpsblre county.
At a session of the Circuit court
held in Upshire county, Judge J. C.
McWhorter, of Upshire Circuit bench,
rendered a decision which refuses to
grant the request of the Baltimore &
Ohio railroad for lowering the as
sesment of the road, made by the
board of public works.
This is the third appeal case which
lias been tried and all have been de
cided in favo" of the state. The first
came from Mason county, when Judge
Parsons rendered his decision against
the Baltimore & Ohio; the second
was decided by Judge Mason at Mor
gantown and many other appeal cases
throughout the state will probably be
decided In the very near future.
It is not known exactly the ground
of Judge McWhorter's decision, but it
is thought it will lie along the same
lines as that given by Judge Parsons,'
who stated that the board of public
works was not required to separate
the railroad property assessed, into
county fragments, and assess the prop
prty in each county through which the
railroad passes, Init, the court must
ascertain the value of the entire road.1
then apportion the property to and :
assess it in each county in whlcn it
is located.
Judge Mason’s Opinion.
Judge John VV. Mason, of the Mon
ongalia-.Vlarion circuit, in the appeal '
case of the Baltimore and Ohio rail-,
road against the board of public
works, in which the plaintiff sought '
to have the valuation placed on the
railroad property for purposes of as-1
sessment, sustained the board of pub
lic works on practically every point |
raised, and w ill enter an order con-j
finning the valuation of the railroad’s!
property in Monongalia county.
The points made by the court in his
decision, all of which relate to ques-1
lions raised bv the railroad, are as1
follows:
First—A railroad may be assessed
for taxation either in the name of the
owner or operator. Where a railroad i
company has made returns of the
property owned by it and also the
property operated by it, and the board
of public works has assessed the com-j,
pany with all the property so returned ]
it is too late for the company upon1 (
hearing of the appeal from such as
sessment, in the circuit court, to ob
ject for the first time to the assess j i
ment being made against it on the ,
property operated by it but which it
does not own. ,
Second—Upon an appeal to the cir
cuit court bv the owner or operator of
a railroad, from an assessment and
valuation made bv the board of public
works, the court may be compelled to1]
pass on three questions, namely: (1)
Is the value of the property fixed by
the board of public w'orks correct? (2)1,
If incorrect, is it too high? (3) If in-',
correct, is it too low? |.
i unriuic me vaiuc in mu prujiui ly :
assessed must be ascertained bv the'
court before deciding any questions
submimtted to it.
Third—Railroads like all other prop-!
erty subject to taxation, must be taxed'
at their true and actual value.
Fourth—In ascertaining the value of
a railroad for taxation, a valuation
must be fixed upon the property in
the county where the property is sit
uated.
Fifth—In ascertaining the value of
a railroad for taxation under the laws}
of this state it is not proper to con
sider the physical value, only, of the
road. Every element of value should
be considered.
Sixth—That clause of section 1, ar
ticle 10 of the constitution of this
state which provides that “The legis
lature shall have power to tax bv uni
form and equal laws all privileges and
franchises of persons and corpora
tions," does not act of its own vigor '
or authorize an executive officer to as
sess a franchise for taxation. There
can be no taxation of a franchise with
out authority of the legislature.
Seventh—When the legislature by a
valid act (which it has done) requires
a railroad company using and oper
ating its road, in the exercise of its
franchise, to return for taxation all
the property owned or operated by it,
and makes it the dutv of the board of
public works to assess for taxation
all the property required to be so re
turned, at its true and actual value,
it thereby authorizes and directs the
taxation of such railroad to hold and
use it for such purpose. The right to
have the property where it is, and to
use it for railroad purposes, Is a part
of the property to be taxed. The use
of, and the right to use a railroad
which is being operated, as well as its
physical value, should be considered
in fixing its value for taxation. The
true and actual value of an operating
railroad necessarily includes the right
to use it as such.
Eighth—A circuit court has no au
thority under the general jurisdiction
conferred upon it bv the constitution
and laws of the state to review the
action of the board of i>ublic works
making an assessment and valuation
or a railroad. The right of the owner
or operator of a railroad to appeal to
a circuit, court from an assessment and
valuation of a railroad made by the
board of public works is given by
section 94, chapter 35, of the acts of
the legislature of 1905, and upon such
appeal, a circuit court has no powers
except such as are conferred upon it
by said statute. This statute limits
the jurisdiction of the court to ascer
taining the true and actual value of
the property so assessed.
The opinion delivered by the court j
was a very elaborate one and had evi-j
rjently been prepared with a great deal;
of care. Judge Mason’s chief task, as
Indicated in the points given above
was to arrive at a correct valuation
of Hie railroads in the county. Thisi
lie did by reaching a conclusion as to*
iln total value of the II. & O. system, j
He argued that a solvent company's!
property should be worth as much as
ts liabilities. Taking the bonded in- j
lebtedneBs, the value of the stock, and
he debts not bonded, he nlaeed the I
otal at $438,381,000. From ibis
imount, for purposes of taxation, $50,-'
>00,000 stock held in the Reading rail- j
•oad. must be deducted, leaving $388,-:
>81,000. It can be shown that one-J
ourth of the company's railroad is in '
Vest Virginia. One-fourth of the '
truss earnings are derived from this :
date. About one-fourth of the net earn
ng are derived from West Virginia. 1
fence, the B. & O.’s holding here are 1
vorth $97,000,000. j>
The state’s board of public works j 1
tas valued the holdings at about $80,- (
>00,000, considerably less than one
ourth of the total. Reasoning on this ■
rnsis, the court reached the conclusion
hat $2,069,000 is not too high for the1
aluation in Monongalia county. ,
The decision is one of the most im-1 (
nortant ever made in this state. It
ta\>»
i
LENTEN SEASON BEGINS
SOLEMN PENITENTAIL PERIOD
WILL BE OBSERVED HERE. j1
. !
Vlany of the Churches Prepare For
Special Services Throughout the I
Season. 1
I
The solemn oenitential season of
->ent, marking the 40 days before the
crucifixion of Christ, was ushered in
lere. Ash Wednesday, in several
>f the churches by special services. [1
The word "lent,” is derived from the 1
Vnglo-Saxon "Lencten spring,” from 1
he season in which it occurs, is used 1
o designate the solemn period of de-1
motion and abstinance which has from!
*arly times preceded the feast of Eas- 1
;er. It is mentioned as early as the 1
ime of Irenaeus in the second cen-^
:ury and he speaks of it as not mere- <
y something of his own time but of
nuch earlier date. It was arranged <
o extend over a period of forty days'
Jnot including Sundays) in order to,1
correspond with the forty days of,
Christ’s temptation in the wilderness
md so to teach the great test to w hich j
every human life must be subjected to 1
rrepare it for its appointed duty and
-ictory.
The forty days of Lent, ecclesiasti
:ally, call upon the faithful children
>f the church for abstinence from the
>rdinary social pleasures, for special
levotion to the duties of the Christian j
ife, for the exercise of self-restraint
ind self-sacrifice and for a general
macing of the tone of the spiritual life 1
>y devout reverence to the standard
et by Christ himself.
It is, in fact, an episode in the Chris- '
ian life not to be evaded by those who «
nake the year the following of the
>athway of Christ through human life
fom the manger to Bethlehem which
s in sight at Christmas to the triumph
>f Easter.
“HEAVED” SOME COAL.
rwo Young Men Sentenced to Jail For
Theft.
Dave Cook and Thomas Myers, two)
noting men of this city, were arrested j
oy Detective Martin and taken before!
Justice Felker on a charge of stealing
:oal from a Baltimore & Ohio car in
:he yards here. . Myers was sentenced
to 20 days in jail, and, it being the
second offense of Cook, the latter was
given 30 days as the guest of Deputy,
Sheriff Wolf.
4
Slight Wreck.
A freight car was derailed Sunday
afternoon on the quarry branch, and
it was necessary to get the riggers’
;rew out to replace the car on the
track. Damage was snght.
MARRIED IN WOODSTOCK j
BERKELEY COUNTY MAN WINS A*
VIRGINIA BRIDE.
- i
Several Weddings Announced to Take
Place in This City and County
in the Near Future.
The home of Captain and Mrs. Mon
roe Fuukhouser in Woodstock, was the
scene of a very pretty wedding, Thurs-j
day, when their daughter, Miss Bessie
Crawford became the bride of Mr. I
James McSherry Janney, of Bunker!
Hill, Berkeley county. The ceremony'
was perforinel by Rev. George E. Hen
derlit, former pastor of the bride, and
for some ears a missionary in Brazil.
The wedding march was played by
Mr3. Lucy Luke and the bride was
given away by her rather. For a time
the bride resided in Mt. Jackson, go
ing to Woodstock with her parents
several years ago. The newly wedded
pair left for a visit, to northern cities,
after which they will liVe in Berkeley
county. Mr. Janney is a well known
farmer In his section and is the
youngest son of Mr. John T. Janney.
Hess-Grubb.
.Miss Emma K. Grubb, daughter or
Mr. and Mrs. Frank Grubb, of Berk-i
■ley county, and Mr. Harry E. Hess, a
>oung Baltimore & Ohio railroad fire
nan, were quietly married Wednesday
afternoon at the Lutheran parsonage,
rile ceremony was performed in the
presence of a'few friends of the couple
if Rev. Charles S. Trump. Mr. and
Mrs. Hi SS will reside in Marfiriehnrtr
Williams—Minghini.
.Miss Rosa E. Mingtiui, daughter of
drs. Ella Minghini, of Ganotown, this
■ounty, and Mr. Robert C. William?,
>f this city, were married at Jones’
Spring on Wednesday evening at the
United Hrethern parsonage. The cere
nony was performed by Rev. W. T.
sampsell. Mr. and Mrs. Williams will
■eside in Martinsburg, where the
jroom is employed as a dyer in the
Crawford Woolen mill.
Williams-Minghini.
A license liu also been issued to *
diss Rosa E. Minghini, daughter of
drs. Ella Minghinni, of near Jones j
Spring, this county, and Mr. Robert t
U. Williams, a dyer at the Crawford .
rVoolen mills. The ceremony will take 1
dace at Jones Spring on Wednesday ^
tveninc.
Invitations Issued.
Mr. and Mrs. J. T. Cotrow, of near
Hartinsburg, have issued invitations
0 the marriage of their daughter, Miss *
5ue Catrow. to Mr. George Allen Wel
er, of Arden district. The ceremony
will take place at Willow Grove, the j
lome of the bride on tbe evening of \
rhursday, February 21.
Heck—Glesner. i
Miss Blanche Glesner, daughter of
Hrs. Jacob Glesner, and Mr. Lewis
deck, both residents of this city, were
luietly married Wednesday evening at ,
he First Methodist parsonage by Rev.
^rank R. Isaac. They will reside in ■
his city. I
Gruver-Glover.
A license his been issued to Miss '
Jlara Glover, daughter of Mr. and Mrs. 1
id ward Glover, of near In wood, and i
Hr. George C. Gruver, a young farmer ]
>f this county. The wedding will take
rface at the home of the bride this .
evening. ! |
DETECTIVE MARTIN PROMOTED
. I
Hade Lieutenant of the Baltimore & |
Ohio Force.
Detective J. T. Martin, of the Balti- '
nore & Ohio railroad police force, and!
1 well known and popular officer, has ■ i
•eceived word of his promotion to be
i lieutenant, with a substantial in>
•rease in b9th salarv and allowance
or expenses. Mr. Martin will make
lis headquarters here for some time,
nit may te tiansferred to another 1
ield later. He is one of the most ac
ive detectives in the employ of the 1
Jaltimore & Ohio, and his promotion
o a higher rank is a deserved one.
poC'" “THIS IS A HORSE” I
ONCE there was a small boy who wrote “This is a Horse” after trying
for hours to draw a copy on his slate of a thoroughbred racer. He
admired the horse, wanted it, but had neither the ability nor the
experience to get him. He therefore tried to draw one. \\ hen nis labors
were complete, he looked first at the genuine article, then at the miserable
imitation, and after long, deep study wrote THIS IS A HORSE, realizing
his failure and inability to reproduce the genuine, and he knew without "This is a Horse”
written below, no one would recognize what he had tried to make. Would-be competitors
have tried for years to imitate Grape Tobacco. They make bla k plugs of similar size, but
of less weight, and put in it all sorts of various concoctions, mixtures and kinds of Tobacco,
but all fail'd (to get the business) and finally hit upon the small boy’s plan, and printed on
the tag "SOMEBODY'S Sl’N CURED.” They all advertise and tell you that SOMEBODY’S
SUN CURED tag is valuable Of c< urse it is (it cost about 15 cents per thousand) but how
about the miserable imitation of Grape Tobacco the tag is on? Somebody’sSun Cured tag no
more makes good Tobacco than does THIS IS A HORSE makes a valuable genuine horse.
MORAL: CHEW CRAPE TOBACCO —MADE IN RICHMOND
-- ----- ^
$5,000
Reward
will be paid to any person who
can find one atom of opium,
chloral, morphine, cocaine,
ether or chloroform or their
derivatives in any of
Dr. Miles’ Remedies.
This reward is offered be
cause certain unscrupulous
persons make false statements
about these remedies. It is
understood that this reward
applies only to goods purch
ased in the open market, which
have not been tampered with.
Dr. Miles’ remedies cure by
their strengthening and invig
orating effect upon the nervous
system, and not by weakening
the nerves.
“T consider that there are no better
remedies put up than Dr. Miles'
Nervine, Anti-Pain Pills, and Nerve
arid Liver Pills. We have used them
for years, and recommend them to
many others. My wife is using the
Nervine, and considers It the best
medicine in the world. A lady friend
of mine, who was almost a total nerv
ous wreck, through my earnest solici
tation has used several bottles of the
Nervine with wonderful results.”
WM. CROll K, Salt Lake City, Utah.
Dr Miles’ Anti-Pain Pills are sold by
your druggist, who wilt guarantee that
the first package will benefit. If It
falls, he will return your money.
25 doses, 25 cents. Never sold In bulk.
Miles Medjcul tlo., Etkliart, Ind
THE
ORGANIZED 1892,
CAPITAL $100.(100.08
Stockli JlllfK 1.11>hllltv
■■■plusnun Undevlried Profits - 913,000
HOTEL BERKELEY BUILDING
deceives deposits, loans money and
ransaets a general banking business.
Vecounts for individuals, corpora
ions and firms solicited.
)r. J. Whann McSherry, President
Ihas. Thumel I ...
V. J. Lambert { V1CC Presidents.
EDWARD RUTLEDGE. Cashier.
-HAS. A. YOUNG. Assisiant Cashier.
Directors
>r. J.W. .McSnerry \V. J. Lm»eri
larrv S. i uslnva. J.is. W. McDonald.
Vm, Thatcher, Cbas Ihumet,
V H. Heushaw, S. (1* HtucUey,
*eter S **p«row Joseph Fisctis,
os. B. Vanmeter, John W. Bolide,
V. II. McDonald, H.S. Butts
. vv Welshaus, Ur E. L Sencindiver,
oseph Michael Jiihii h Williams
Clarenoe E. Martin
I it trrent Faild on 'Ifine Deposits.
Di scount Day, Tuesday
)R. W. E. MINGHINI,
—Martinsburg, West Virginia.
Vi 11 practice Dentistry in all of its
(ranches. Gas and local anaesthetics
dministered. All work guaranteed,
Jrices Reasonable. Office in
Gettinger Building, Queen St.
>R. C. W. LINK
-DENTSIST-—
Dental parlors over Merchants &
'aimers Bank, Martinsburg, VV. Va.
•bone No. 112. No. 127 S. Queen St.
VILBUR H. THOMAS,
—Attorney-at-Law—
•eoples Trust Co. Building,
Martinsburg, West Virginia.
X. POOLE
Will give prompt attention to all
lusiness entrusted to his care.
Special attention given to convey
ncing and settlement of estates.
Office Over Merchants & Farmers
Bank, Martinsburg, West Va.