C
C
2 S
p i OFFICIAL from WASHINGTONFair and Warmer Sunday and Monday variable winds shifting to moderate southeast
t
I f
A 25 Miles of z I THE
JOURNALS
CEMENTSIDEWALK WANT AD WAY
brt enQfiw 1Jti n L
Now Being Built In Pensacola A UJ t Is The Way To Prosperity
r
f VOL XIINO 106 PENSACOLA FLORIDA TUESDAY MORNING MAY 4 1909 PRICE 5 CENTS
T HEPBURN RAILROAD
7 RATEACT DECLARE D
CONSTITUTIONAL
Zupr me Cort Passes Upon
s
Commodities Clause of
the Law
J
J
REVERSES THE
CIRCUIT COURT
DECIDES TWELVE MANDAMUS
CASES BROUGHT BY THE GOV
ERNMENT AGAINST RAILROADS
WHICH WERE BROUGHT IN THE
4 CIRCUIT COURT FOR THE EAST
ERN DISTRICT OF PENNSYL
VANIA ROADS CAN HOLD
t
STOCK IN SUBORDINATE COR
PORATIONS
By Associated Press
Washington May 3That the
commodities clause of the interstate
conimorca not of 1906 known as the
i Hepburn railroad rate law is consti
tutional was today in effect declared
bv the supreme court of the United
States The decision was announced
by Justice White The court re
versed and remanded the decision of
the United States circuit court but
the only directions were to enforce
and apply the statute as dt was now
contruei
Briefly summarized the decision of
tho supreme court holds the law to be
constitutional but it does not con
o cede the connections of the govern
ment as to its scope An especial
exception was as to ownership of
stock in the different corporations
wljich it was held did not constitute
sujpjh ownership as would prohibit
ttftBsportatlon under theterms of the
lan it was also held that tao own
ership of thq commodity applied only
to tho time of transportation If be
fore transporting it the railroad
company has in good faith parted i
with the commodity it may carry it
iwtivw Hsrlsu dissented on the
tock feature but otherwise the de 1
Cistpn was unanimous
DECIDES MANDAMUS SUITS
Tho announcement as to the com
modities clause was made in deciding i
the twelve injunction and mandamus i
cases brought by the government
against tho Delaware and Hudson
the Erie the Now Jersey Central
tile Delaware and Lackawanna tho
Pennsylvania and the Lehigh valley
railroads The cases came to the
court from the United States circuit
court for the eastern district of Penn
sylvania whose decision announced
by Judge Geo Gray in 1908 attracted
much attention They originated in
the circuit court and in its petition
tho government charged that the
railroad companies In question were
engaged in transporting interstate
A commerce in anthracite coal mined
themselves their own mines which
are located in Pennsylvania The
Hepburn act makes it unlawful for
any railroad company to transport
from any state to any other state or
tj > any foreign country any article or
fmmiodltv other than timber manu
fncturod mined or produced by it or
under its authority or which it may
own in whole or In part or in which
it may have any interest direct or in
direct except in such articles or com
modities as may be necessary and
intended for its use in the conduct of
its business as a common carrier
The circuit court decided against
tho constitutionality of the provision
because it is alleged it deprives the
corporation of their liberty and of
property in a way that is prohibited
by the fifteenth amendment to the
constitution It was also held by that
court that the clause not indirectly
but directly works a practical con
fiscation of the property of tho rail I
road hence the law was held to be
invalid and in its nature and effect a
discriminative prohibition I
That verdict was reversed by to
days decision
MUCH SURPRISE
IN PHILADELPHIA
Philadelphia May tThe decision
of tho United States supreme court
in tho commodities clause was a sur
prise to lawyers and others in this
city interested In the case It bad
been confidently expected that the
court would affirm every point in the
lowor courts decision which was
wriltan by Judge Gray and concurred
in by Judge Dallas Judge Buffing
Contlnued on Paa Five
By Associated Press
New York May 3Two men are in
Gouveneur hospital and ten were un
der arrest today as a result of dis
orders arising out of the strike among
the bakers on the East Side
Schulem Rubenstein entered Michael
Novaks restaurant and wine cellar
early today and when he found a
I
1NTER GREEN
I EASY WINNER
OF KY DERBY
Led the Field From Drop of
the Flag on e gajjainoas +
Churchill Downs Course
By Associated Press
Louisville Ky May 3Running
strong and never in trouble at any
point along the mile and a quarter
jaurrey Wlntergreen led the big field
all tao way around the famous old
Churhhill Downs course in the Ken
tucky derby this afternoon
Wintergreen went to the front when
the flag dropped and finished with
plenty of reserve a length and half
in front of Miami which was two
lengths ahead of Dr Barclay The
distance was covered In 20815 over
a rather lioavy track
Ten horses contested for thc sialco
winch is worth six thousand dollars
five uhouhajotl of which goes to the
winrer Cold weather and showers
which lasted until noon kept the at
tendance down to fifteen thousand
TIE TURKISH
SITUATION IS
OEWllUERIN
By Associated Pres
Constantinople May 3The Tur
kish cabinet resigned today The po
litical situation is bewildering No
one can tell what the outcome will
be This the latest ministry was
organized April 30 with Tewfik Pasha
as grand vizier The Sultan has re
quested Tewflk Pasha to consult his
colleagues and reconsider his resigna
tion although there is much opposi
tion on the part of the members of
parliament to the composition of the
cabinet
Since the deposition of Abdul Humid
there has been a daffy exodus of wo
men of the Imperial harem from
Yaldiz Kiosk Yesterday fortyinn
carriages each containing two or
three women and today fifteen more
were seen proceeding to Stamboul It
is evident the number of fair prison
ers in the palace must have been
prodigious Palaces have been set
apart for their accommodation but in
the present condition of the country I
their fate is pathetic
I
U S SENATOR MONEY f AND
SENATOR BEARD ADDRESS
THE HOUSE NEXT SATURDAY
t
To Test Prohibition
Law in the Co rts
By AsscUted Press
Nashville Tenn May 3A test in
the courts of not only the prohibi
tion law known as the Manufacturers
bill but also the statewlde or four
mile Jaw is now regarded as a cer
tainrj That the manufacturers law
WJich prohibits the manufacture ot
whiskey or other intoxicants after
January 11910 in the state will be
tested in the courts has been known
for some time but that the four mile
Teddy Bags Another I i 1
Lion Exciting Hunt
By Associated PresS
Nairobi British East Africa May 3
Theodora Roosevelt bagged one
more lion yesterday at WamU near
Kopiti his gives Mm a total or
tire lhus asd1 on < Uoaeis on The
present expedition Kertnk Roosevolt
succoaded in bringing down a clufi
tab Tlu nimring wtS seitiuc and
bQth marksmen did excellent work It
is rumored in Native sevuces out
the reports lacks confirmation that J
the Roosevelt party will arrive at air j
obi ray 13 before prna din to So i
lik i
likThc lion killed by Mr Jvosevec Yes 1
terda was brought down at closet
rang His quick wrk with the rifle
saved < J tee liv < > ior some of bis mounted j
s 6r4 who had narrow ecaii CssSni i
4 the infuriated bet j
law would undergo a test In the courts
was anticipated During the clos
ing days of the general assembly lead
ing lawyers of the city studied the
provisions of the laws Every phase
ot the four mile law was carefully
examined and it Is reported that the
legal counsel employed to look into
the matter state that they have found
certain phases of the new law upon
which a test case will be hypothe
cated
Two in Hospital Ten
in Jail Result Strike
loaf of bread without the union label
attached he attacked the proprietor
Novaks wife threw a bowl of sugar
at Rubenstein fractu np his skull
Au attack by nine men was made on
a bakery kept by Nathan Fryer and
Samuel Broklower Both men were
badly injured Broklower being taken
to the hospital Their assailants were
locked up
13 WITNESSES
HEARD IN THE
HAINS TRIAl
r
Real Estate Dealer Who
Had Property For Sale
Near Yacht Club Proves
Good Witness for Defense
By Associated Press
Flushing N Y May 3iWith thir
teen of the defense witnesses disposed
of tUie Hains trial started on its third
week today Perhaps the most impor
tant bit of testimony in behalf of
Captain Peter C Hains Jr the de
fendant charged with the murder of
William K Annis came when Leo
Bugg a real estate dealer and mem
ber of the Bayside Yacht Club where
Annis was shot testified that he dis
cussed the merits of certain property
adjoining taM yacht club with Thorn
I ton Hain TThe defendants brother
and at one time made an appointment
i with Thornton to meet him at the
yacht club
BUggs testimony tends to show a
lack of premeditation on the part of
t e defendant and corrobrate that or
Tuornton Hains who testified that he
and the captain went to the yatht
club foe day Aunis was killed for the
purpose of finding Butg or lite part
I ner Jesperson to inspect the bay
side property
POLICEMEN AND
FIREMEN TRIED
1 A NUMBER WERE BEFORE THE
II
Ii BOARD OF SAFETY AND SEV
I ERAL DREW SUSPENSIONS
The following police officers antI
firemen were tried at the meeting of
the beard of safety last night
j Policeman Rice conduct unbecom
ing an officer by failing to make ar
rests was suspended for 30 days
j Policeman Barter drinking while on
duty siiijpendcd for 30 days
1 Polcenan A J Anderson ui = inx
> insolent language to citizens uspentl
ed lot 24 hours i
Patrol Driver Wm Maloney pleaded
guilty to being drunk while on duty
I
t and was suspended for GO days
Policeman Swanson neglect of duty
by failing to make arrests suspend
ed for 13 days 1
i Fireman Keith failing to report on
time at expiration of his dluner bour
was Veprhnanded fay the ohairman I
and instructed to be on time in the
1 future I
Desk Sergeant Murphy sleeping in I
the marshals office while on night
duty pleaded guilty and was suspend i
ed for 30 days
The board adjourned until AVednet 1
I day afternoon at 330 when the trials
of firemen and policemen under 1
charges will bs continued j
I The board declined to accept the
Summer uniforms for the policemen
i and firemen Curnishe4 by Watson Par
I ker Reese Company og he grounds j
that they did not come up to speci1
caticns in the fit t
I Mr Reese one of the members of i
the above firm said he could furnish
another l et of uniforms in SO days I
The board adionrnsd wiCioat takbig
l further action in the mater J
Beards Disfranchisement
Bill Will Be Discussed
At That Time
STOKES WOULD STOP
SALE OF COCACOLA
1
INTRODUCED AMENDMENT TO
i
ANTINARCOTIC BILL BUT
HOUSE ADJOURNED WITHOUT
ADJOUR9D
NGGOYERNORG GILCHRIST
SIGNS BILL RELATING TO PEN
SACOLA HOTEL COAUTOS TO
E LIMITED TO 20 MILES
By Fred M Allen
Tallahassee May 3 + United States
Senator Money of Mississippi and
Senator Beard will probably address
the house on disfranchisement Satur
day Senator Money wired this after
noon that he would leave for Talla
hassee Thursday and will speak Sat
urday if satisfactory
CocaCola came near going into the
antinarcotic bill this afternoon
While the bill was under considera
tion Representative Stokes offered an
amendment including CocaCola Ad
journment was taken before the
amendment was acted upon Several
bills were passed to third reading
A committee from the State Bank
ers Association spent tht > afternoon
before joint senate and house com
mittees on banking in regard to the
state guarantee of bank deposits bill
This afternoon the governor signed
the Pensacola Hotel Company bill
SENATE PROCEEDINGS
Twentytwo were present when the
senate was called to order at 10
OclocK
Bills were introduced as follows
Senate bill 31S Sloan relating to
free transportation H
319 McMullen liili nalawful
for carriers to ratPpbjpf qiiorsointo
dry sections
320 McMullen on primary elec
tion
321 Adkins providing for county
depositaries
322 McMulIen state fair relief bill
323 Pension committee making ap
propriation for pension deficit
324 West relative to court re
porters
325 Miller relating to duties of cir
cuit court clerks
Senator Dayton then called up sen
ate bill No 313 providing for clerical
aid for the judge of the sixth judicial
circuit Senator Humphries and others
spoke for the measure but it was
strongly opposed by Senator Johnson
The motion to indefinitely postpone
the bill was lost 14 to 11
Senator Beard moved to postpone
his special order on statutory prohi
bition to Wednesday Adopted
I Senate bill Xo 315 was passed to
the calendar of bills on third reading
Bills on second reading
Senate bill No T21 Johnson regu
lating disposing of personal property
subject to retain title note or con
tract To third reading
Senate joint resolution No 70
Miller for constitutional amendment
relative to homestead and exemptions
Senator Miller spoke against indefi
nite postponement of the measure it
having been reported unfavorably
The motion to indefinitely postpone
was adopted 12 to 10
No 148 Buckman regulating pro
cedure for admission of attorneys to
practice To third reading
Senate joint resolution 12S Harris
constitutional amendment relative to
establishment of courts To third
reading
Senate bill 97 Hudson relating to
decrees in chancery Indefinitely
postponed
No S2 McMullen providing for levy
of special tax for public roads and
bridges Indefinitely postponed
No 76 Sams providing for service
by publication upon nonresident par
ties in certain chancery cases To
third reading
Nc 108 Crill relating to pure
foods and drugs To third reading
Committee appointments were then
announced as follows
To draft resolutions on the death
of Senators Mallory and BryanSen
ators Broome and Baker of the 29th
To inspect state reform school
Senator Sloan
To inspect state deaf dumb and
blind institute at St Augustine Sen
ators Crill Baker of the 20th Flour
noTo j
To investigate insane asylum Sen
aton Leggett and Adkius
To investigate report of I I inves
tigating commission Senators Flour
noy Hendprson and McMullen J
AUTO SPEED BILL
After much discussion the house
this morning passed a bill limiting
the speed of automobiles to twenty
miles an hour and requiring chauf
feurs to stop and assist ladles in
getting their horses past the car
whenever a horse appears to be
frightened
President Hudson announced the
senate members of severa joint com
mittees The main part of the ses
sion of each house was given up to
routine
A quorum was present when the
c tiMucd o Pas Two I
NEW BILL CREATING
A BOARD PENSIONS
I WILL PROBABLY PASS
Trouble in Columbia
County Over Election
Special to The Journal
Tallahassee May 3There seems
jto have been trobule in Columbia
county over the wet and dry election
Governor Gllchrlst received a telegram
guying a mob was keeping negroes
from tae polls He sent a telegram
to Sheriff J W Nance at Lake City
as follower
The following telegram from two
I
Sensation Sprung in
Night Rider Cases
By Associated Press
Waveriy Tenn May 3The th rd
week of the night rider trial opened
today with a sensation when the pros
eeution moved to discharge two of
the jurors selected last weeklhe
jurors against whom the complaint
is made are George W Pollack and
T VL Holloway Serteral Affidavits
were offered by the attorney general
to show that Pollack was incompetent
COMMITTEE V
Will REPORT
TOMORROW
BUSINESS MEN AND OTHERS IN
TERESTED IN FUTURE CARNi
g 4ALREQESTEDT < BtfpRES
ENT
All men business men or clerks
who have the interest of the Pensa
cola at heart are invited to attend
a meeting at 4 oclock tomorrow after
noon in the chamber of commerce to
hear the report of the soliciting com
mittee appointed by the annual meet
ing of the association to ascertain
whether sufficient funds could be se
cured to justify the continuance of the I
carrival I
Tic committee is ready to report
aud it is understood thai the report j
is very gratifying The committee has
not received signatures for an amount
necessary to guarantee tho carnival for
next year but enough to show what
can be don by the right sort of bust
ling men fitted to do such hustling
and it u > to be hoped that a large
meeting will gather to hear their re
port and then decide the real ques
tion shall the carnival be continued
or abandoned
The carnival is au important factor
here both socially and commercially
it brings many thousands of outside
dollars to Pensacola each year and
unquestionably also holds at home
many thousands that wooild otherwise
be spent in Mobile or New Orleans
But arguments dont pay for car
nivals It takes dollars plenty of
them and dollars that come to hand
pronptly The great need of the as
sociation is Proper supjMjrt irot mere
ly good words and good will but good
dollars on time 1o pay bills when they
are due
Tt is to tie interest of every busi
ness man therefore to know how the I
carnival plans are progressing as well
as to give his share of the needed I
moneysrand as a first step toward pro
per interest and effective inpport it
is advisable that the meeting tomor I
row should be a large one A new
board of directors will be elected <
LITTLE TOWN WRECKED
i Nashville Tenn May 3 Belated I
storm returns show that the little
town of States illp west of here in
Wilson county is almost a total
wreck only two or three dwellings
being left standing Residences
churches and school houses were
blown down So far as known there
was no loss of life t
V
CARPENTERS STRIKE
Providence R I May 3A strike I
of journeymen carpenters to the num
ber of 1200 began here today because
of the refusal of contractors to grant I
an increase from 41 to 45 cents an I
hour for a fortyfour hour week I
i
4
COLUMBIA COUNTY 4
DRY BY 80 MAJORITY
0 V
By Associated Press
c Special to Journal 4
Tallahassee Mar tJrrrlnfor 4
4 matkm which reched here to
4 night is to the effect that Co 4 f
luinbla county wear dry in to 4
0 days election by SO majoriry
c 1
+ +
e
reputable citizens just recevied Mob
refuses by threats to permit quali
fied negroes to poll in todays election
Wire instructions to sliertff to coo that
they are protected
All qualified electors are entitled to
vote Protect them m their rights
whether white or blacfi
ALBERT W GILCHRIST
Governor
John D Young testified that Pollack
stated to him that he could not send
the men over the road and that they
ought to be at home with their fam
ilies Similar evidence was given in
the case of Hollovray Judge Cook
said that while he would pass the
qUestion over for the moment the
would not allow lawyers to take up
the matter with the jurors under sus
picion
VET FIREMEN
Will PARADE
THIS MORNING
EVENT PROMISES TO BE A MOST
INTERESTING ONEAS SEVERAL
r HUNDRED ilbiEXs AND wXf
RINES WILL BE SEEN IN ADDI
TION TO POLICE FIREMEN ETC
The parade and picnic under the
nuspices of the Veteran Volunteer
Firemens Association will occur to
day the parade starting promptly at I
930 a m The picnic will be held
in the evening at BI Fresno park on I
the bay shore
The parade will be one of the larg
est seen in this city in some years
h ins composed of troops from Fort
Barrancas marines from the navy
yard city officials a portion of the
paid fire department a large number
of floats etc
The May Queen little Marie Mas
sey will be crowned in front of the
city hall at 10 oclock by Mayor Good
man
In addition to the long list of sports
at the picnic an interesting game of
baseball will be Played between the
Pensacolas and a team from the tor
pedo boats
Members of the Veteran Volunteer
Firemens Association aro requested to
meet at the K of C hall on West
Romana street at 9 a ni today
Commencing at 2 p m an electric
train will leave the city for the park
every 15 minutes
Route of Parade
The route of the parade will be as
follows
Starting on Garden and Palafox
going south to Cedar east on Cedar
to Jefferson north on Jefferson to
Government west on Government to
Palnfox north on Palafox to Wright
west on Wright to the west sIde or
Palafox thence south to Garden
where it will disband
V
TO MAKE TRIP
IN AUTOMOBILE I
TO MONTGOMERY
Dr Mallory Kennedy and Tmo
Brent left the city last night in the
doctors automobile for a trip to
Montgomery which city they expect
to reach this afternoon
They desired to witness the auto
races in that city this afternoon and
tomorrow and decided to make the I
run in the doctors automobile The
return trip will also be made in the
auto I
By Aseelat Press
Washington May ZThe protest
against the action of the legislature
of Mississippi in placing tqe t
ot Jeftersojj Davis oa the silver service
which is to be presented to the battle
ship bearing the name of that state
was presented to the house today in
the shape of a resolution introduced
by Mr Hollingsworth of Ohio
il Hollingsworth desired to have
I It Has Been Sent to the Pen
f
sion Committee of the
Senate
QUALIFICATIONS
OF PENSIONERS
THE MEASURE WILL PREVENT
THOSE NOT DESERVING OF PEN
SIONS FROM SECURING STATE
AIDGOVERNOR COMPTROLLER
AND TREASURER OF THE STATE
WILL FORM THE BOARD TO
PASS UPON ALL APPROPRIA
TIONS
By Fred M Allen
Tallahassee Fla May 3The pen
sion bill which stands the strongest
chance of being passed by the present
legislature Is the bIll which has beun
submitted by the pension cOmmittE
of the senate The main change from
the present law is in the creation of
a state board of pensions < and also
in the nullification for pensioners
The bill is as follows
A bill to be entitled an act creating
a state board of pensions defining who
Khali receive pensions who shall not
receive pensions how applications
shall be made how pensions shall be
paid duty of county commissioners
in regard to pensions providing for I
the levy of pension lax and authoriz
ing tIle state board of pensions to
inaicf rules and regulations to carry
into effect the provisions of this act
Be it enacted by tho legislature of
the state of Florida
Section 1 That the governor coinp
Itroller and treasurer of this state
are hereby constituted the state board
of pensions
Section 2 Any person who enlisted
In tlu military or naval service of the
Confederate aate during the war bo
tweeu the stales of tibt3nifcI Slatfe
and 1M not desert the same and who t
performe4 services in actual line Oat <
duty for a period of not less thaiit 4
one year unless Incapacitated for
such duty by reason of wounds receiv
ed or disease contracted while in line
of duty nnll whose property valua
tion both real and personal lops not
exceed the euui of 5000 and who
was a bona fide citizen of this state
continuously since 191 shall receive
in quarterly payments the sum of
100 POI annum and all such persons
who lost a limb or limbs
an
aye
or eyes or who is disabled b rea
son of wounds disease or age to
gate u livelihood by manual labor
shall be entitled to receive each in
quarterly payments per annum the
following amounts towit
AMOUNT OF PENSIONS
For total loss or sight 5150 Joss of
one eye 100 loss of one leg or foot
125 loss of one hand 125 loss of
both hands 150 loss of both fuel
5150 loss of ono hand and one foot
of the same person 150 for por
sona injuries disease or ago where
by the person is unable to earn a
livelihood by manual labor 120 for
total disability as shown by affidavit
of some reputable physician 1EO
Provided however that no soldier
sailor or their widows who were on
the pension roll and drawing a pen
sion prior to January 1 1807 and have
not since that time been stricken from
said rolls for valid reasons shall be
required to make other or further
proof if eligible under the provisions
of this act
120 FOR WIDOWS
Section 3 The widow of any de
ceased soldier or sailor vho enlisted
and served in the military or naval ser
vice of the Confederate states or of
fhis state during he war between the
I states of the United States and did
not desert the came and who peijforni
ed sonice in actual line of duty for
a period of not less than one year
unless incapacitated for such duty by
reason of death wounds received or
disease contracted while in actual line
of duty and who has not married sinc
the death of such soldier and whose
property both real and personal does
not exceed the sum of 5000 shall
be entitled to receive the sum of 120
per mm m in quarterly payments
provided such Mow was married to
said soldier or pallor prior to 1896
and ha continuously resided in this
state since lSfJ S and also the widow
of any deceased parson who was at
the time of his death drawing a pen
ion from this state under the provte
Continued on Page Two
Protest Against the
Mississippi Service
the secretary ot Use navy inform con
gress what lesson or patriotism and
what ideals of government the pro
posed gift is intended to inspire He
also desires to know if the officer
ot the Mississippi including Captain
JcJi Fremont a descendant of Gen
eral Fremont of the Union yrmy agree
to the proposed decoration of the ser
vice with the JikeJls6 of the chief or
the former Confederacy