The Pensacola journal., April 25, 1912, Page 2, Image 2

About The Pensacola journal. (Pensacola, Fla.) 1898-1985

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THE PENSACOLA JOURNAL, THURSDAY MORNING, APRIL, 25, 1912.
SUSTAINED 8Y
KOAD WILL NOW HAVE TO MAKE
REPAIR8 TO STATION AT DE
PUN I AK RAILROAD REFUSED
TO OBEY ORDER OF COMMIS
SION. Special to The Journal.
Tallahassee. April 24. The supreme
court today filed Its opinion In the
case of the Louisville & Nashville Rail
road Company vs. the Railroad Com
missioners, appealed from Walton
ounty, which opinion affirmed the de
cision of the lower court This case Is
ft unusual importance In that it goes
further in establishing: the authority
of the railroad commissioners' In the
xerclse of the power conferred upon
them in the regulation of common car
riers of Florida. This is a case where
to the railroad commissioners entered
their order a (fains t the Louisville &
Nashville Railroad Company directing
them to enlarge their watting rooms- at
ieFunlak Springs, to provide a bag
gage room and toilet facilities, and to
enlarge the passenger platform and
build umbrella sheds by extending
them 255 feet each way from the cen
ter of the baggage room, and also di
recting them to discontinue the use of
kerosene lamps for lighting at said
depot, and to install electric light In
stead. This order was entered after
due Investigation on the grounds and
the taking of testimony by the com
missioners at which time both the rail
road company and the citizens of De
Funiak Springs were fully heard.
The railroad company declined to
ftbey this order and applied to Judge
Wolf of the first judicial circuit,, for a
temporary restraining order and ah In
junction restraining the commissioners
from enforcing their said order on the
grounds that said order is unreason
able. Judge Wolfe declined to issue the
Injunction, whereupon the railroad
company appealed to the supreme
court. The court in its opinion uses
the following language;
"The "question presented is Where
the allegation of the bill of complaint
states any equity to warrant the grant
ing of an injunction as prayed for.
The demurrer to the bill of complaint
raizes the question of the adequacy of
the remedy at law and of the absence
of allegations of grounds for equitable
relief, so the propriety of the forum
Is not acquiesced in by the defendants.
"Where the railroad commissioners
erceed or abuse the authority and dis
cretion conferred upon them by mak
ing an order that illegally invades
property of a railroad company, the
illegality of the order is available as
the defense in proceeding at law to
compel the company to obey the In
valid order, or In an action for a statu
tory penalty for a violation of the or
der, therefore, the remedy at law is
adequate, and an Injunction will not,
Le granted in the absence of some
grounds for equitably relief.
"It clearly appears by the bill of
complaint that the remedy at law is
adequate and there are no allegations
showing any grounds for equitable re
lief. It does not appear that the en
forcement of the order will cause a
multiplicity of suits, or cast a cloud
tipon titles to real eetate. If the order
is Illegal, and the burden Imposed by It
is irremediable, the Illegality of the
erder is available as the defense to an
action for the enforcement of the or
der, or fof a penalty for a violation
of it. Therefore, the remedy at law
is adequate, and an injunction is not
the proper remedy. Allegations that an
order of the railroad commissioners Is
exceptional, unreasonable, and imposes
an unjust tax on the resources of the
complainant railroad company, in that
it requires the company at a great ex -pense
to increase and improve Its de-
welting rooms, baggage rooms anf
aheda, and by reconstructing Its toilet
rooms, and substituting electric lights
ror kerosene lamps, when the company
deems its present facilities are ade
quate, does not make a case for in
junction. "Valid orders of the railroad com
mission should be obeyed and If fot
any reason an order is supposed to be
invalid, the carrier should apply to the
railroad commission for a modification
It before resorting to the courts.
This should be done rather than to
SUNECOURT
Red
niter I
Their superiority
is recognized all
over the World
IN STOCK BY
HP
MUTUAL MOTOR GAR GO.
20$ EAST ZARRAGOSSA STREET.
HOW GIRLS
MY AVOID
PERIODIC PAINS
The Experience of Two Girls
Here Related For the
Benefit of Others.
Rochester, N. Y. "I have a daugh
ter 13 rears old who has always been
very healthy until recently when she
complained of dizziness and cramps every
month, so bad that I would have to keep
her home from school and put her to bed
to get relief.
"After giving her only two bottles of
Lydia E. Pinkham's Vegetable Com
pound she is now enjoying the best of
health. I cannot praise your Compound
too highly. I want every good mother
to read what your medicine has done for
my child." Mrs. Richard N. Dunham,
311 Exchange SL, Rochester, N.Y.
Stoutsville, Ohio. "I suffered from
headaches, backache and was very irreg
ular. A friend ad
vised me to take
Lydia E. Pinkham's
Vegetable Com
pound, and before I
had taken the whole
of two bottles I
found relief. I am
only Bixteen years
old, but I have bet
ter health than for
two or three years.
I cannot express my
thanks for what Lydia E. Pinkham's
Vegetable Compound has done for ma.
I, had taken other medicines but did not
find relief. "Miss Cora. b. osnaugh,
Etoutaville, Ohio, R.F.D., No. 1. '
Hundreds of such letters from moth
ers expressing their gratitude for what
jLydia E. Jrmfc&am's vegetanie com
pound has accomplished for their daugh
ters have been received Dy tne i,yaia a.
Pinkham Medicine Company,Lynn, M ass.
Ignore the order, (even though It may
not be enforced because invalid." f
In the case ordering the railroad
company to discontinue the use of
kerosene lamps for lighting and install
Instead, electric lights, the railroad
commissioners were taking steps into
a new . field, In that they prescribed
the use of a certain kind of light. In
passing upon this part of the order of
the commissioners, the court has the
following to say:
"The safety, comfort and convenience
of those who rightfully use the depot
facilities may reasonably require the
discontinuance of kerosene lamps and
request the use of more suitable lights,
the particular kind f.o be determined
by the carrier subjected to lawful gov
ernmental regulations."
It LOoks Like Crime
to separate a boy from a box of Suck
len's Arnica Salve. His pimples, boils,
scratches, knocks, sprains and bruises
demand it and its quick relief for
burns, scalds, or cuts is his right.
Keep it handy for boys, also girls,
Heals everything healable and does it
quick. Unequaled for piles. Only 25
cents at W. A. D'Alemberte's.
HOLDING CONFERENCE.
Nashville, Tenh., April 24.-"--A con
ference between representatives of the
Older of Railway Telegraphers and of
ficials of the Nashville, Chattanooga &
EL Louis railway on a new wage
schedule is being held her this after
noon. J. T. Moncrief, Birmingham, Ala.,
formerly a resident of Montgomery
county, writes: "I had been under a
specialist in kidney and bladder dis
eases for two months without definite
results when I heard of Foley Kidney
Pills and started to take them. Now
after a month's time I am almost com-
pletely well and feel better than I have
for years." W. A. D'Alemberte.
PRINCESS CANTACLM3ENE
ARRIVES FOR FUNERAL
By Associated Press.
New York, April 24. Princess Can
tacusene, daughter of the late Major
General Frederic.'- D. Grant, reached
here today on the steamship Kaiser
Wilhelm If to attend the funeral of her
father on Friday..
tihes
i i 1111
run
EHET WILSON
10 SPEAK HERE
MONDAY NIGHT
CANDIDATE FOR CONGRESS WHO
IS ELOQUENT SPEAKER WILL
ADDRESS HOME PEOPLE MON
DAY NIGHT BIG WILSON
RALLY.
After four weeks of a hard cam-
. . . . . .!!
pajgn in wmcn ne nas preseniea nia
cause to the people of the Third con
gressional district In a clear, logical
and forceful way, Emmett Wilson will
close his campaign in Pensacola Mon
day night at which time Pensacola
jeople will have an opportunity to
hear him for the first time make a po
litical speech. In the court rooo Mr.
Wilson is known to have few rivals
in West Florida, but the people did
rot realize that he would develop into
a stump speaker of rare ability, but
such is the case and wherever he has
spoken he has entertained and 4n
Ftructed his hearers and his progress
ive policies presented In the clear and
truthful manner have made of him the
leading candidate in the three-cornered
congressional fight.
One point which Mr. Wilson brought
cut in the beginning of ,the campaign
and which he has declared for every
where he has spoken is that the can
dlaates for congressional honors should
make the voters familiar with the way
they looked upon the vital questions
which affect the people of the dis
trict. Pensacola Is behind the young man
who has been bo favorably received In
all parts of the district and the meet
ing Monday night will be an Emmett
Wilson rally In all the name afpliesJ
Just where the meeting will be held
has not been decided, but it will be
announced later.
The popularity of the candidate and
the united sentiment In this city in
favor of sending him to congress is
Bure to bring out the largest political
gathering which hap been ihcld in
Pensacola for years.
Many have been disappointed at not
having an opportunity of hearing Mr.
Wilson speak and the news that he
will sepak here Monday night will be
learned with pleasure by his admir
ing friends in his home city.
For rheumatism you will find noth
ing better than Chamberlain's Lini
ment. Try it and see how quickly it
gives relief. For sale by all deal
ers. m AS(( FOR
COPIES OF
SECRETARY LILLARD IS RECEIV
ING REQUESTS FROM ALL OVER
THE FAIR TERRITORY AND PEO
PLE ASKING FOR LI8TS SAY
THEY ARE CONTEMPLATING
p MAKING ENTRIES THIS YEAR.
That Interest In the Pensacola Inter
state Fair Is not wanting in the
slightest, regardless of the attention
which is being paid to politics ana
other things at present, is shown con
clusively by the large number of let
ters now being received by Secretary
and General Manager N. J. Lillard
asking for copies of the premium list
as soon as It Is issued. These re
quests are coming from all over the
fair district and many of those writing
udd in their letters that they are con
templating making entries In the fair
this year.
Among the latest or these letters re
ceived is one from R. J. Brewton, a.
prominent citizen of Pine Barren, who
says that he is very much interested
in the fair and hopes to see it prove a
big success this year.
GREEKSOCIETY -
GOV. WILS
THE ASSOCIATION IS COMPOSED
OF THE MOST PROMINENT
GREEKS OF THE CITY AND
THEY WILL VOTE FOR THE
GOVERNOR.
The Anagenesis Society, composed
of about 150 of the most prominent
Greeks in Pensacolft, Is practically
eclid for Gov. Woodrow, Wilson for tn
presidential nomination, as stated in
The Journal of Tuesday morning, and
deny most emphatically the statements
attributed to Constantine Stratagakais
in the afternoon paper.
A delegation of the members of the
society called at The Journal office
ls.st night and reiterated their former
statement that the members of the
society. t s well as a large number who
are not members, will cast their vote
for Wilson.
Nick Gallatchnos is president of the
society. He is one of the prominent
Greeks in business in Pensacola, and
he says that the members of the so
ciety, who stand together on prac
tically all questions, have signified
PREMIUM LIST
OF 50 IN FOR
N
ie
will be closed all day Tomorrow and Friday for the
purpose of marking down goods and preparing for the
GREATEST OF ALL
: OF OUR RECENT
GREAT SALES
This will be the last and greatest sale of them all.
We have just received a large shipment of new
merchandise direct from the manufacturers and this
as .well as our remaining complete stock will be sub
jected to the most sensational reductions. Remember,
the sale will begin Saturday, April 27.
Watch This Paper for Further
Announcement
lr flC
Temporary Quarters
107-109 N. Palafox St Opposite Court House
their intention of voting for "Wilson.
Btratagakais, the members say, is
net even a member of the society, and
has not been for a year, let alone be
Ir.f spokesman for them. They are
supporting; Gov. Wilson because they
believe him to bo the best man who
is running and they will cast their
votes accordingly
ENDS TONIGHT
FAIR AT SACRED HEART CHURCH
HAS BEEN MOST SUCCESSFUL
EVERYTHING WILL BE DIS
POSED OF TONIGHT.
The church, fair being conducted by
the Sacred Heart church and which is
proving to be a thorough Buecess will
be brought to a close tonight and
tl;bse in charge desire that tonight be
the 'greatest night of all.
Father Kennedy requests that all
books be returned by tonight and it is
announced that at the close of the fair
tonight everything will be disposed
of, even to the lumber in the booths
and the boy cow which was presented
to Father Kennedy.
The fair has been a most success-
fui on and the funds realized will be
put to a good use.
Don't be surprised If you have an
attack of rheumatism this spring.
Just rub the affected parts freely with
Chamberlain's Liniment and It will
scon disappear. Sold by all dealers.
The Famous
wey
COFFEE
is being
Demonstrated
Today
at
Ss CRYSTAL
PHARMACY
Don't fail to attend
and try a FREE cup of
Dewey Coffee.
McHugh
Grocery Go,
Phones, 1827.1128
WEST GARDEN STREET.
FAR
Bon
Bon
POLITICAL ADVERTISEMENT.
For Congressman
State at Large
1
, v
0
4v
COL. GEO. C. MARTIN
CANDIDATE
TO THE DEMOCRATIC VOTERS OF FLORIDA:
I heartily endorse the last Democratic National
.Platform, and adopt it literally and make it part and
parcel of this declaration of principles.
I favor a tariff for revenue only.
I favor an amendment of the civil clause of the
Anti-Trust Law by specific legislation so as to make
any contract or combination in restraint of trade
illegal. v
I favor amending the criminal clause of the Anti
Trust Law so as to make any contract or combination
in restraint of trade illegal, and its violation punish
able as a felony by imprisonment in the penitentiary
for not less than three nor more than ten years.
I favor the active co-operation of county, state and
national governments in the construction and main
tenance of a system of permanent good roads, both
inter and intra-state, in the interest of all the people.
Respectfully,
GEO. C. "MARTIN.
Read The Journal's WantAds and Profit thereby.
Marche
I
arcne
POLITICAL ADVERTISEMENT.
' V i " 'V W 1 "jwH
' - - r -
it
i
'y
. 7
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DIRECTORY
McAllister's Shoe Shop
"Let Us Fix 'Em"
Work Called for and Delivered.
Phone 98. Garden St.
STOCKS BONDS
G. A. WATERMAN
03 BLOUNT BUILDING.
Phone 350. p. o. Box 12S.
Pastime Bowling Alleys
15't Wt Romans Street.
7 FIRST-CLASS ALLEYS 7
LADIES' DAYSTUESDAYS and
FRIDAYS.
BOWLING FREE FROM 1 TO 8.
COTTRELL
Photographer
Phone 1102. 4Jf S. Palafox St.
Pensacola. Florida.
WE ARE HERE TO SERVE YOU.
Gautesen & Morrill,
"Makers of Quality Canvas Q66ds.
518', South Palafox St Phone 1M4.
Pensacola Furniture Co.
Cash or Credit.
32 East Garden St.
Phono 1W
Frank's Steam Cleaning and
Dye Works. )
MRST-CLASS WORK.
117 North Palafox. a.n0B, 1M
Best Delivery System in City
Smith-Roney Drug Co.
"Where Quality Counts."
South Palafox St. Phona 832.
MAYES PRfisiTINQ CO.
PRINTERS FOR PARTICULAR
REOPLaT.
17-19 Wert Government it Phono 111.
T. Q. VATES. M. D.
m.a Optician,
419 Blount Building.
DR. J. B. TILLER,
DENTIST
810 BlSURt MulMI.
I OWeS Phone 68. Residence Phone di
Pensacola, St. Andrews and
Gulf Steamship Co.
8TEAMER TARPON
W. Q. BARROW, Matter,
FIRST CLASS PASSENGER AND
HEIOIlT SERVICE.
Between
PffNSACOLA. MOBILE, APALACHICO
LA, CARRABELLE. ST. ANDREWS,
PANAMA CITY, MILLVILLE.
And All Polnta on St. Andrewa Bay, Car
rabell and Apaiachteota.
SCHEDULE!
Leaves Pensacola, Sunday 1:36 , m.
for Mobiw. Ala.
Laaves Mobile, Monday 7:t0 b. m.
Leavea Penaacela. Tuesday 8 10 p. nv,
for St Andrews, MMIvllle. Apalachleola,
CarrabeMe and Intermedlsta Polnta
For adltlonal Information apoiy to
M. H. BOYER,
V. W. WALTHER, Pretldant
General Freight and Pasaengar Agent,
Pensacola, Fla. Phona 62.
Manhattan
Hotel
EUROPEAN
75c, $1.00 and $1.50
Southeast Corner Oardan and
Beylen Streeta.
"Aak tho Traveling Maft."
NEW PIANOS
worth $395 for $267.50;
terms $5 cash, $1.50 per
week. Don't fail to see them
before purchasing.
The Clutter Music House.
SAM CHARLES
Shoes Half-Soled In 11 Mlnvtaa.
Called Far end Delivered.
"NUFP SKD."
511 South Palafox
np.Ricn
ill) ttit in is:j UU
If you'll rati-" tho buUdlne; that la
feeing don In Ptnsacola, you'll notice,
tha,t moist of brick aro furnJahed by
ua We are exclusive aenta for
Tfo r tr lllnr lota of tno4 rnj
end wood that rlvee perfect afctiefactlon.
e shouid lika to a you.
Phone 383.
Export Fuel 5 Ice Co.
Cor. Tarragona and Jaokson.
Read The Journal's Want
Ads and Profit thereby.
i