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The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, November 21, 1906, Image 1

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Goes Into Effect
Sunday Morning
Ticket Agent Henderson Receives New
Time Tables as 8ent Out From
. B. *nd O. Headquarter*.
No. 65 Due Here a 7:30, P. M., Will
Arrive From the East Nearly
>, Three Hour* Earlier.
m ?
Swh Ticket Agent T. B. Henderson, of
|p3. the local station, has received ihe
gv hew schedule for the rnpnlns of trains
? .' The new schedule will go Into effect
on Sunday morning at 12:0i o'clock.
&pt' i Or one minute after midnight on
ff't. ^Saturday night trains will run accordlng
to the new schedule.
There have been some big changes
SB' made. Train No. 61, leaving the local
Hjf station at 4:30 p. m. for'Clarksburg
i'r and Weston, and train No. 03, from
fa. Clarksburg and Weston arriving nt
thn tncfll station ai 11:50 n. m.. Will
ho discontinued. No. 14, eastbound,
$fy ,eave here at 1:83 p. m., instead
ff of 1:40 p. m.. as now. Train No. 0,
on the Monongah division, will leave
ft. : 'at 1:38 p. m. Instead of 1:45 p. m? as
!' now scheduled. Train No, 5, on the
s same division, will arrive here at 4:110
p . p. m., scheduled now at 5:30 p. m.
The changes on the Fairmont, Morf
gantown and Pittslmrg branch are as
): follows: Train No. 1 for C'onnellsvllle
aud Pittsburg will leave the local station
at 4:57 a. m? under the old
jsj schedule at 5:00 a. m. Twin No. ft
for the same points will leave ::l:
p. m? Instead of 2:13 p. m. The one
o'clock train from1 I'lrtsburg will nr;
rive here at 1:10 l>. m. Train'No. 59
V will leave Fairmont for Morgantown
at 8:57 p. m., scheduled now at 9:00
. ;. P. m.
The* biggest cnanne m mo scneuuie
is that of 'No. coining from the
Mi east This train will arrive here at
4.'45 p. m.. or two hours and fortyfive
minutes earlier than it does under
the present schedule. There will be
no changes in the trains that are
made up or pass through this place
that are not mentioned in this article.
People of the city are asking will
the change of the schedule make it
; better for the public or will it be a
disadvantage? Some think ihat they
[.'/ will not. like it. The orders are that
it shall go into effect and that settles
1i. whether It is for the good of the
public or whether it is for the incon ''
venlence of the public.
AND SEVERAL injured by uil.
ROCHESTER. N. Y., Nov. 21.?Five
persons were lillled anil eight or more
seriously wounded today try the col
- lapse of a building In course of ereo
tlon In Kodak Park. Some of the In
k Jure J may die.
All the Members
Were Present
Council ha.l a good meeting las
Bp night Business was transacted by a
full board.
1 ' Councilman McNeeiy, member of thi
' . street committee, reported that tin
p- -grading on Benonl avenue, which h
being done by Sam Huffman, is no
;; -progressing as It should, and that the
r; -contractor Is not showing the prope:
disposition in having it completed
Councilman . McNeeiy recommenJei
Jt . Huffman be paid for what he has al
fc'4,; J ready done and that the completim
I,?; -of the work be given to some othc
|'.i ". eontractor. Mr. Huffman was not a
pyj the meeting last night and the matte
j|y' will be taken up at another time.
|m The claim that George Lilly present
5/ -ed to council for work done on Wash
!'.f, lngton street, which was not to exceec
In coat )2,000, and -which was to bi
investigated by the city solicitor, wai
the next matter taken up. 8oUolto
r /
Gang of Laborers
into the River
find Sevenjv
BLUEFIELD, Nov. 21.?As the result |l
of a landslip on the Dry Forr branch 1
of the N. & W. railroad, about 20 milev
south of this place yesterday morning, r
seven men were drowned by being
hurled Into the waters of the Dry ,i
Fork river, which was overflowing Its c
banks, and three others who have not t
been accounted for are hurled under 1
the avalanche which came from the ,
mountain tide. Four bodies have -i
been taken from the river by members s
of tbo rescue party which left Blue- |
field soon lifter the report of the ac- t
eldent had heen received, but no
trace of the others could be found. ]
Nineteen men were employed on the i
job, which'was a bis slice off the i
mountain side to ropke room for aridl- >
tlonal track. The river had fo- sever :
al days been overflowing its banks i
and bad loosened the ground consider- I
ably. Tills, however, did not. alarm i
the workmen because of t heir posit lorn: i
21.?Somewhere on the prairies in r
Eastern Colors do a Rock Island train j
is lost ami lite passengers away from ,
inuui sight or sound, maybe suffer- j
ng for want of food. Since midnight s
.Monday Ihe wires have been kept hot t
Bad Negroes
Under Arrest
SISTERSVILLE, W. Va., Nov, 2t.? 1
Two burly negroes who eluded the police
of New Martinsville after brutally
assaulting and robbing Jess E. Call \ t
of that place, were apprehended by Officer
Boyd at the B. and O. depot Mon- '
Hnv Thnt tim follows como from Uio "
I""' - - - - ----- .
ronght set which has lieen terrorizing I
the people of Pittsburg and nearby.I
towns is evident front papers in their jt
pocltets. Both were in their stocking (
feet at the Jnll before being tahen to <
New Martinsville, one standing over <
six feet and the other, a stocky*built '
fellow, about five feet six Inches In 1
height. They said they had come from ! I
Wheeling. 1
Jess 15. Callett is employed at James,'!
Hennen's saloon at New Martinsville, ji
While passing through the yards the(
negroes stopped him. A Wow in the 1
side rendered hint powerless and the I
negroes immediately rifled bis pock- >
ets. Five dollars and eighty cents '
i wns the amount of coin taken. Cot- ;
lett notified lite police and tvonl was
sent to Sistcrsvllle. Officer Boyd loca- 1
ted the negroes lying in an open car
and coreved litem with his Revolver.
|.Iess Cutlet Identified the men.
*? :
Lehman reported that Mr. Wiley contracted
that the work was not (o exceed
$2,000 and that any charges abovo 1
that sum could not lie collected. The
report was accepted.
Councilman Hawkins, of the police I
committee, said that the committee !
' had Inspected the city Jail and the
1 committee thought the cages should
lie taken from the Jail and with an
| additional one be put in the dwelling ,
In the rear of the Are department.
' Council aoeeplod the report and or- '
' dered the work done.
J Councilman McNeely, of the street
committee, reported tluit Cherry ay'
nue was In a bad condition. On, mo- .
Hon of Councilman Buckley the mat'
ter was placed In the hnnds of tho
' street commissioner for lilrn to do
[ whntcvor he thought was best In re^
pairing tho street.
The question of building a now crematory
was discussed. Councilman
' McNeely was appointed to sec about 1
* ? t~A ?ui-v a. 1
jJuruuaaiuK n iui uu wuiuu iu erect ili
1 and to make a report at the next meei-l
1 log of council, ||
r (Continued on Page Five.) |>
was Garried
' by Landslide
loot ThDiP hoath
1000 I HUH L/UUlll
ting considerably above the watei
The alkie came without a moment'i
iptlcn, htirllnji some Into the rive
ml, It Is thought, burying others un
lev the enrth and stones which cnim
lown in abundance. The bodies re
overed tvera pinioned tinder the stir
ece of the water, making it Impossl
tie for them to be of nny assistance
c themselves and itt the same tine
irevented litem from nnlllnp for help
I'hey were drowned like ruts In n trap
here were four bodies, supposed!;
tslians, recovered while la this pos!
Because of the storm \yhlch for th<
tast few hours has been raging here
[bouts, it was sonte hours before t
eseue parlv could be shipped 'o tip
cene. The men yet .inaecouved fo
ire thought to ba bulled tinder tin
nass of enrih and stones or to havt
icon forced Into the river and flnatei
'own stream. The four hnd'es recov
ren, what shall we do?" We hoar hi
roply, "Repent and ho baptised over
; ne of you l? I ho name of Jesus Chris
for the remission of sins and tlio
shalt receive the gift of the Holy Sph
\t " To Hie present day Hod has not
or changed conditions Of Corticllut
tiie Ethopinn, Enoch, I.ydilii, of Tli)
atira, it was the same: Clod is iinput
Hal. He saves all in the same waj
There must ho the faith In Christ, tli
obedience to His command, the haj
tisnr as he gave in "the great cott
m'ission' we cannot substitute nnj
thing for Christ's' command. lte\
Shearer backs every otHtemenf by tfi
Word of God and to 't alone he cite
r >en in clear logical and forceful axh
riatic preaching.
He will speak to-night on "The Rt
i?*rinn nr QimLiinno"On.i vviis receii
pd Into the church Inst night. Mi
Haley Is doing excellent work wit
[he chorus or singers. His solos las
night were soul stirring. Come enrl
10night sons to be seated eonvenien
'} _
Millions Destroyed by Flames I
Fnnce To-Day.
TOUTON, France, Nov. 2t.-Fire t.
lay-destroyed the main sect'on of th
lock yatds ol Soctete tics Forges n
Cbantlers. The loss will he seven
million dollars. Scvcel mr ship
building for foreign nations were sa<
red bave not been loenuuea.
[s a Rock Island
Train With 200 Passengers
On Board
n the endeavor to Incite ilic train,bit
10 knowledge has yet villained as t(
ts whereabouts. The train Is No. 41
Imlted, uml was due In Coloradt
Springs from Chicago at nine-fort;
ifondtty night. The numlier of pas
lengers aboard approxliuutes two bun
The church was well filled his
light at the Central Christian chtircl
ind an unusual interest was evident
sjot only are the meetings charactci
zed by a deep spiritual teaching, bu
he exegesis of gospel truths male
Sod's word clear and man's duty ex
. eedingly plain to all reasonable thinV
?rs. The sermon last night hv fte\
Shearer was "The Gateway Into th
Kingdom of God." So plain did h
nake it that many saw their duty i
Christian obedience us they had no
seen it before. Speaking of the far
;iamentals of the Church of Christ
Itcv. Shearer said we must not tak
ane away. Faith, no! Hepentauct
i;o! Bnplism. no! hut following th
examples of all conversions of wh-ic;
wo read in 'Acts of Apostles after tli
jospet ot' Jesus Christ was proclaime
in the fullness of its power from th
Lime of the Pentecostal sermon !>
peter, the inspired preached giving hi
inspired answer to the question c
those who cried out. ".Men and breti
' Big Coal and Coke
Pool Shattered
~? yi
CHARLESTON, W. Va., Nov. 21.? |
One of the most Important decisions
, ever handed down by the State Su-(
preme Court was handed down yesterday
In the case of Pocahontas Cool
. Co. vs. Powhatan Coal and Coke Co.,
. from McDowell county. The decision
defines to a great extent the powers!
, of the people of this State to deal with
. and control all trusts, monopolies.
> combinations and contracts between
, Individuals or corporations for the ptir-|
. pose of raising or fixing prices of com.
modules. The opinion Is by Judgfe
, Cox.
I The decision becomes the first decided
law of West Virginia upon the
question of trusts like the one Involved
In this case. Last year the
court declared Illegal a contract l>e|
(ween two gas companies of Charleston,
fixing a minimum price of gas to
* consumers.
[ The present case Is farther reaching
In Its effects, as no prices were I
fixed by the contract.
, Twenty in Pool. !
i By contract, twenty conl and coke
producing companies In tlie t'ocanonj
tns Flat Top coal Held united to form
a single agent corporation, called the
Pocahontas? Coke Co. Each of the
twenty companies then entered Into a
contract with the agent company appointing
it the We and exclusive
sales agent of nil the coal and coke
produced by them. Thus competition
was ended between the several companies.
After a tew months the Pav
hninn Coal and Coke Co. and sit
> oilier companies refused to continue
' to deliver their products to the agent
company. The agent company applied
for an Injunction to compel
5 (hem to continue to deliver their
products. The power to fix the sale
price of coal and coke was given to
the ngcnl compnnyy after I ho sale all
! eompnnles shared equally In prodts.
1 The Powhatan company claimed
thai the contract or combination was
illegal under (lie Sherman nnll-lrust.
' law of IRDO, ami that it was also
s Illegal under the common law. West
Virginia has no anti-trout law. Munv
other Slates have.
In the Pocahontas case the court
e holds that the Sherman law does nor
B apply, because the contract did not
11 necessarily involve inter-suiie comf
T'| Sherman law declares illegal
every contract combination. in the
form of trust or otherwise, or con'
spiracy in restraint of inter-state
e | commerce.
' Under that law the restraint of
*' trade need not he unreasonable.
[| Rcstrainst Must Be Unreasonable.
" Hut it Is noteworthy that tinder the
V decision by Judge Cox, which vests
; upon the common law prevailing in
,l this State, the restraint complained of
1 must he unreasonable.
s The Pocahontas C'o.'s contract was
v declared illegal because ft was in tin!t
reasonable restraint of trade. r<%''
strained competition, tradedenalolelu
| strained competition, tended to monopoly
and to control prices." and was
* therefore, contrary to public policy.
This puts the ban of the law upon any
trust or combination formed by two or
more persons to companies to control
' any legitimate article of trade. Or*
y gnnhntions. unions contracts, trusts
l" to fix prices of goods, merchandise.
>' ira is nnoi liimliMr or. whatflvor nr.
' tide of trade, are illegal and void
0 wlicn In unreasonable restraint or
s trade.
Nor need the exlenl of the control
lie more than local.
Now must all persons In any town
or community. dealing In the same
r. article combine. Tan or more butchIt
era. grocers, or dealers in any other
1 line of commerce, may form an IIy
legal contract to lix and control
I- prices,nnd bo against the law as announced
In this case. Some of tho
points decided aro given lielow. A
careful study of them will disclose
in ihc lawyer and layman ns well the
n rights of the people (o defend and protect
themselves against extortion and
' unfair contract and combinations by
e a roBort to the couMs.
V Tho Syllabus.
nrfli?upon we ueunus ui ? motion j
? to ^ dissolve an Injunction before
llAfnman flpppctpri
YlUIIIUIl ill I Ue>Ul)U
"Unwanted" Ne
find Burning
? 1
NEW YORK. Nov. 21. ? Through
the arrest of Mrs. Wllhelmlna Eckhurt
the police claim they have
brought to light one of the most re
voltlng Isles of Infant murder in the
history of the city- The womna Is]
charged with having killed at least a
dozen "unwanted" new bovn babes
ami burned their bodies In her kltchI
en stove. She Is held In I he Tombs
i w ithout bull-. The police are engaged
j In a rigid examination of the woman's
premises at East Ninety-third street,
j hoping to find the remains of some of
her alleged victims. Mrs. Eckhart's
j arrest was Instigated by her two marl-led
daughters, who declare she tried
to Induce tlrom to Join In her nefarious
work. The county medical society
has made a sworn charge against
Mrs! Eckhart accusing her of murderfrnm
t? olifo to twonlv Infante in
the last four months.
Dressed chicken at Robb's. If
ST. I.0U1S,, Mo.. Nov. 21.?The subpoenas
for the defendants In the government's
suit against the Standard
Oil Company monopoly were sent out
| lo-day by the clerk of United States
Circuit Court. Writs against John D.
Rockefeller and six oilier officers and
directors In the Standard Oil Company
! ?
'will be investigated by congress
as to inequalities
in various parts of
'WASHINGTON Nov 21.?A resolution
will lie introduced in the House
soon after Hie convening of Congress,
directing Hie committee on Post masofTice.s
and Post Bonds to investigate
Hue alleged InequalityJn the salaries
paid Presidential prwtiirsPn's and
the methods of the Posnflicp Hepartjiiicnt.
through which Siirh salail? eve
j determined. It is contended liy suae
: members of-the'House flint the sal|
a vies pa'd the post masters of the
smaller cities are out of all proportion
when compared with the pay of the
postal officials in the large centers of
j the country.
I The salary of the postmaster at New
Y?orl; is $8,000 a year. There?, are
unite a number of small cities, especially
in the South and West, with a
population ranging around 25,000,
v.-he re the salary runs from $3,000 to
$ 1,000 a year. It is recognized. appflrently.
by tho department, that the
J postmasters-of these towns are the
. local heads oC the party and that the
posioflico Is their reward for their
party labors.
I In but rare instances Is it found
| that these postmasters do any actual
labor in connection with their oflice.
Ah a rule the management of the
post office Is left to an assistant, while
'.the post noisier'goes about, his business
Ins usual. Several public men who do
| not approve of this sort of thing and
, who arc bnrlt of this proposed resolution.
believe that If only IS.Into Is pnld
| the head of a great office like New
York where the personal services of
jibe postmaster are dally required,
|then the amounts paid these country
j postmasters are greatly In excess of
I what they should be. At all events,
Congress will be asked to authorize
an Inquiry Hint will have for Its purpose
the Inauguration of reform In
the matter of the payment, of salaries
of Presidential poslmasletH In the
small towns and cities.
Tickets to the recital at Normal only
25 cents each.
' +
I 'I
I Cold Aaain Prophesied. |
I .71 .
. | WASHINGTON, D. C.,Nov. 21; |
| ?Forecast for West Virginia? j
| Rain ana colder to-night; -rain j
. l-or snow and colder Thttr?d?yv ^
For Killing
w Born Bans
Their Tiny Bodies
Young Man oerenaea t-umseii vvnen
Imposed on by Large Man.
Young Cecil Satterfleld Is something
of a hero to-day tor putting a pretty :
ugly mark on the head of "Big Essie"
the well known cook. Young Morris
works of nights at the Opera House |
restaurant and "Big Rrs'e" 'reins to
lu.ve been pretty rough on him. due
to a forgetfulness of the boy's rights,
bust night he crowded onto young
Morris in a way not to h? stood and
he wolted hint one over the head with
n flub. The trouble Is all over now
tint! "Big Essie" says he was wrong,
so we understand, and attributes his
actions to a too free use of red eye.
lint that won't take the knot from the 1
side of Ills face for a few days any- 1
i i
Remember the recital at the Normal 1
Auditorium Friday at 8 p. m. Miss 1
Ware. Miss Stuart, Miss Relnwalt an.l']
Mrs. Lulu Bllllngsley.
SSent Out For
Standard Oil
Co. Officials
go to the United States marshal at
Now York for service. Subpoenas for
"1 corporations and partnerships go
to different court districts in New
fork, Ohio, Pennsylvania, New Jersey,
Kansas and other States. The
Waters, Pierce and Republic Oil Comnanles
will be served here.
The Best At
The Last
Evidently the best of the wine comes
toward the end of the feast. Last
night's meeting at the Presbyterian
nlmi-nli urnc of /In On tnlornol o rwl aMrl
- ~r ?"" i
lug power. Truly those who attended
felt the uplift of Dr. Mead's exposition
and interpretation. An uplift
which takes away the depression caused
by the sense of disappointment and
hardens ot lire. An uplift that results
from the help that God's Spirit Is willing
lo give at all times.
"The Power of Prayer" was the subj'T
r.f Dr. Mead's discourse last night
and lb.- words spoken by this eminent
speaker made a deep impression on
ills audience. Each evening sees nn
increase In attendance at these meetings
and deep Interest Is manifested.
Recital at Normal Friday Night
Don't fall to hear Miss Ware at the
Normal Friday evening. She will be
alily assisted by talent from other
places. The recllal Is well worth 50
reals, but lo assure a full house al!
tickets will be sold for 25 cents each. I
Hard Luck For
Prominent Men
CHARLESTON, \V\ Va.. Nov. 21.?
Judge Reese Blizzard and State Senator
(!. T. Caldwell did not appear In
the Supreme Court yesterday In answer
to habeas corpus proceedings Insllluled
against them some time ago, i
as plaintiff and witness In the case ot
Caldwell vs. ex-Governor White and
wuvurnor uhwhuu, uiit-^iiik at. hmiIng
the former's ailmlnlstratloD, both
sending telegrams accompanied by one
from their physician, stating they
were unable to attend court.
8cnator Caldwell's message stated 1
that he had been bitten by a vicious '
dog owned by Judge Blizzard, while
Judge Blizzard alleges that he Is too :
ill to lie out of bed.
A telegram wa?*then read from Dr. '
A. N. Frame, of Parkeraburg, confirming
what the two warriors had aid. '
Forecait of the Work to be Done mB
3iopoied Increaee of the Navy bySS
Building Biggect Battleship Afloat 1
vlll have enough work before'JtVf^^^B
>nd eoncludee the mare Important j
natters that were left orer from the SI
est session. Those who hope to see j||
rver on the executive cnlendar
tonate as unfinished business, with tia |
into set tor its consideration. Thia
:reuty was kept in the background
luring the last session because' the. |
tcpubllcnns did not have enough J
rotes In ratify It, the apposition ?T J
he Democrats being solidified .'Wiai?||
he exception of two members of that J
tarty who are understood to be WillflB
r.hen their votes are
flection of Mr. Dupont In DelayiuwSw
the substitution of a Republican
Mr. Gearln, from Oregon, and of Mr. :jl
ton son for Senator Burton, from ganjjgj
ins, puts the Republicans out of the
woods, and the party managers now |
iny they will have sufficient votes to |
The Algeclras treaty between the'
various powers and Morocco is to'ha-iia
alien up December 12 for conslderae-^
don. It provides for equal trade.pri^^
leges and equal protection of the cttizenB
of the various powers.1 MjigjS
treaty is opposed by several Demotolils
that this government has gone j
out of lis way to become one1 of the 41
signatory powers to such a convene ;:'jj
The treaty regarding the Isle of'.|3
Pines Is still pending. This" treaty^
ras been held up for many months bfgHt
Senator Penrose, at the Follcltatlont'ofHj
i number of influential citzeilavoff||
Pittsburg, who are largely, Interested -1
has keen considered, but no progress j
made. Present conditions in Cnbk. 'j
probably will be conducive to n forth- j
er postponement of final action.',-.?
All of the nominations of Canal
Commissioners went over from- tbe -*i
lust session without action. The fall- j
nve of confirmation did not aga^^
these officials or their salaries, aaonljSKa
a United class of officers?collectors of
customs?are prohibited from
would dotiMles'a he unable to be out \
Another telegram Informed those" In-|9
forested that printed briefi had been||l
expressed to the clferlr by Mr.4. .ChW^H
well. Continuance was asked on the jj
ground that the plaintiff and witness 1
were both physically unable Up appear^
Attorney W. P. Chilton oppaeed^ai Jl
continuance, stating that'he felt impelled
to do so under the drctntk--;'!;!
"Wtre the matter In my hands J
alone, I would consent, but a contln-;$|
uance now means the end, as the courtpH
understands when the case was to be I
submitted to-day." Attorney Chilton 1
explained that the terms of the mem-jgj
bers of thh legislature would' expire?!
on the last day of December, and theH
committee has only about ten days In
which to act. He was'Wiling to submit
the case on the "printed briefs,. fcjHB
said that he did not desire to argue tt J
orally. The court alolwed the cMe:tts^||
be 8ubmltted. '
grpms ''.wew^lipt sufllclcnt legal petl

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