{ title: 'The Medina Daily Journal. (Medina, N.Y.) 1903-1932, October 27, 1903, Page 1, Image 1', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn94057567/1903-10-27/ed-1/seq-1/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn94057567/1903-10-27/ed-1/seq-1.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn94057567/1903-10-27/ed-1/seq-1/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn94057567/1903-10-27/ed-1/seq-1/ocr.txt', label: 'text/plain', meta: '', }, ] }
Image provided by: Lee-Whedon Memorial Library
|^i^ygt'^ : MEDIHTI, E % TUESDAY £VM<3 r QOT$EI} 27,. 1#3. •<•**! -i' • i V.W*lf!'' J t fta^yoti seeHrwy n^^ocli^TOGpens ? 5 t WT3LES%. KtL thefinest. All the new woolens lor Pall Overcoats, made « wp either long or abort—just aa you want them. Let me show you tlipnloepohby Trottserp tarn telling J^or $5. $6 and $7. Look oyer »j\Un* of Suitings for your new suit fofQie fill season. fforljuiineef Iwri jnaitaf nice SaoX Suits in 1 <jrey,' Brown and Gr^n, Mixture* for $18 and $20 Also nice bla<* suits in the new new style goods, nnnnleh' 1 ! wor \ ateds, Vlonnas and Giay^Diagonals $22, $23 and $25 a Suit Jmke 4 specialty of fine Dress Suits and Tuxedo Coats for- the social seasSn, PHILIP 3 I. ©RUST ARTIST TAIUOR N\- B,—I*mihowintftheFamo-QiDotmor \Woolen Co.'s *nd Mas-a ani H^nion lias of Wooktoi—thobwt goods made. BOSTON NEW YOKK PITTSBURG BOTFAbO Youll be On Time If You Ttote* The LAKE SHORE & MICHIGAN SOUTHERN. RAILWAY. to Any P»otnt- Eja^t or West The reasons for this punctuality are—excellent ro*dbed,.gian,t engines of the newest type, and a Bplondid-cquipmeut of rolling stock. Comfort H eait.h e s t Old Dominion Line —TO- NORFOLK OLD POINT COMFORT VIRGINIA BEACH Richmond and Ocean View, Vn, and ' W^fflNGEOH^D. C. \ //. Btttner» rati dally, atoopt Sunday, »t 8 p. m from! Pier SO, Nbrih. Blver,,Io>ot <>f Beaoh S«eet He« York: Saxr foil' Information, spplr. to Oil ftomlnion St'e&uisbip Go. 81 BEACH 8EBHBT, HEW YOBK,ir.T. J, 3. Snow*, ' Use Lawton's Indian Herbal Blood* Syrup. Guaranteed to cure Scrofula, Eczenia, Goiter, FeTer Sores, Blood Poisoning and all blood disorders. This Syrup is purely Herbal, and its equal as a Blood Purifier and System Tonio is not known. Each, bottle contains a full month's treatment and sells for $100. Try it and \be convinced. For Sals by Chas. A. Mack, Medina, N. Y. Compounded by The Lawton Medicine Co., Holley, N. Y. Q. & B. Sender Admiralty Jurisdiction oi Federal Courts. MAJORITY OPINION OF COURT, Grow in favor every day. They are II , madeiromthe Best Stock, and by first class workmen. They are a rich smoke, and are making customers every day. \Sold by all the Wins Dealers. Held That Canal Boats Are Ship? Within Meaning of Admiralty Law Not Subject to State Contract Lien Law—Four Judges Join In a Dis- senting Opinion. Washington, Oct, 27.—Justice Brows of the United States supreme court delivered the opinion, of the court In the case of Clara Perry vs. Cornelius I*. Haines, Involving the question as to whether the admiralty Jurisdiction of the federal courts extends to canal* and canal hoatSi The court held that it.dld. • Justice Brewer delivered a dissenting opinion, She.chief justice and. Justices Harlan and Peckham joined In the dissenting opinion. The cose arose over repairs to a canal boat plying on the Erie canal and grew out of an effort to enforce the state contract Hen law. The en foroement was resisted on the ground that the contract was a maritime one and therefore exempt. It being olalmed that .only the federal courts have Jur isdlctlon in an admiralty cases. Justice Brown in delivering the opinion held that canal coats are ships within the meaning of the admiralty law and that thorefore the case It one In which ofil? the national courts have Jurisdiction. He hold that ad' mlralty jurisdiction extends to canals Ho declared that thte lino could b« drawn only a* rowboata. He also held that; the fact that a contract waa mndo on land and the repairs were made In drydook doe« not affect the validity of federal Jur- isdiction. The present employment ol horses, he continued, 1B merely an ac cidont and the motive power was like ly to he changed -with the contem- plated enlargement of tho canal. \The only distinction between ca- nals and other navigable waters,\ he added, \Is that they are rendered nav- igable by artificial means and some timotr thougH by no ,mean» .always ate^ wholly within tlie limits of a par 'ticutar state. \We fall to seo, bowover, that thii creates any distinction In principle Canals though froqpaently within the -limits of a single state generally con- nect waters lying outside the state In this case, tho Brio canal, though wholly withlm tho state of New York is a great highway of commerce be tween ports in different states and foreign countries and It is navigable by vessels which also traverse the waters of the Hudson river.\ Justice Brewer to MB dissenting opinion took the position that the mar lttme law was originally meant tc cover the sea only and that its ex- tension to navigable streams was meant to cover only streams which are navigated by ocean going vessels. \I do not\ he said, \believe that un- der the true Interpretation of the con- stitution the admiralty jurisdiction ol -the federal courts esstends-to contracts for the repair ot vessels engaged •wholly in commerce within a state. \The Erie canal was built by the state, Is owned by the state, and it cannot for one moment be assumed that the national government can in- terfere to restrict the state as to the size of the canal, ttie depth of the wa- ter, the construction of- bridges or other things in respect to which it has full control over the natural navigable waters. It seems an anomaly that when the state bmllds a waterway and owns a waterway and has general control over that waterway. It cannot provide as i t sees fit for enforcing Claims for work on vessels navigating such highways when the vessels are of a character which prevents their being used for any foreign commerce.\ He referred to the possihle deter- mination on the past of the people of the state of New York at next week's election, to enlarge the canal'and said that if siicht control was given the state it onght also to be given juris- diction of It. . Justice Brewer further 'emphasized his views In the,' ca.se by referring jto the insignificant character of the boat on which the repairs were made, say- ing that While repairs cost $154, the vessel was sold for $155. This fact also was used to sliow that the vessel was practically rebuilt and the con- clusion drawn that on that account the state courts shculd have jurisdic- tion. the owhWsnlB .of the ted of the. Kwd^ son .river at Sandy HlUi where both C0mpariles are Users of the water power. The two eefiapantes drew-from. the sanm/leyel oft the: same side qf the river; aftd the union Bag and Faner company sought to prevent the Allen company from using more than a Stated amount of water, and to. collect damage* for the amount in excess which, it was alleged had been used. Incidentally the question whether the bed of the: river is owned by the state or. by individuals was raised^ and some, of life .original land\ irarits\ given by the British- government previous to the revolutionary war were placed In evidence. INDICTMENT AGAINST THOMPSON Charged With Soliciting Money In Re latlon to Homestead Applications. Portland, Ore., Oct. 27,—The Ilnltec States grand jury returned an indict ment against; Asa B. Thompson, re reiver of the land office at La Grande Ore. The Indjotment charges Thomp son with soliciting money to Influence his official decision for approval fo» homestead applications which hac been held up for insufficiency of proof There are three counts int the in dlctment, and among the witnesses against Thompson }s Gharles Cunning ham, a'wellknown stockman of East tro Oregon. It is alleged that Thomp son approached Cunningham and of fered to have 10 homestead appllca UOUB approved in consideration ol $500. The other counts concern the alleged dealing with Asa Robinson, tc whom ho is alleged to have offered hi« services for $50 in the case of eact application. Rumors of fraud against the puhllt laws have beon in circulation for the past year, and it has been said thai fraudulent entries in tho states of Cal Iforala, Oregon, Idaho and Washing ton in tho past three yearfl will ex ceed 1,000,000 acres. *~\ *fHk : --ftlGJUC' OF A#5AL>* ', Justice §r«swer. RtfMtes Ar^umsnts Against fljs Suggestion T ; hat It Be Curia! led, NewTortc^QotVlf^Reply to qtttfc olsia of b'ls recpnt speech suggesting the abolition of the right of appeal in criming cases as a possible means of .Checking the lyacolng- habit 1B Tmad> by justice David Jv Brewer <>t the United States supreme court in an ar* tide entitled \The Rlgbt of Appeal\ In the 1 current issue of the independ- ent. STRONGEST i|«l^tfllfelW; 1st to fee »:**• «ff\l\. Send it to the jOURNAX. We cati 'furnish anything from a calling card fe a poster. We shoiuld be pleased to '^g($E-.with you. at any tirne. NEW POLITICAL ISSUE. Candidate For tho Assembly Aoalnal Private Parks In Adirondack*. Watortown., N. Y„ Oct 27. — TMi county Is generally Republican bj from 1,500 to 5,500, but this year th( Domooratic, candidate for the assem bly hopes to win on an entirely differ ent Issue than has over before beei brought to tho attention ot the elec tors, Thff'candidate is W, Ju Saunders and ho has announced that he fi against privnte parks In the Adlron dacks and for the rights of the peopli against the encroachments ot the mil lionalro fish, land and game grab bers. , He holds that the null!onalre3 whe are acquiring this property must coast and that their claims to private parki are frauds. • His Idea is that the leg Islatnro should pass a law to prohibit them from making these \grabs anil promises to Introduce such a bill 1; elected. . i Rear'Admiral Bowles Resigns. Washington, Oct 27.-j-Rear Admlra Bowles, chief of the bureau of con structlori of the United States navy has tendered bis resignation to accepi a position in private life. The resig nation was presented to take effeci Oct .31. Constructor W. L. Capps, or duty In New York, has been selected for the placo. Admiral Bowles wll accept a position with a Massachu Setts shipbuilding company. Score tary Moody In announcing the resig nation said It was received with pro found regret 8ult For $100,000 Damages. White Plains, N. Y., Oct. 27.—The suit of Catherine Reddy of Yonkers against the New York Central railroad for $100,000 damages, was begun be fore Supreme Court Judge Gaynor and a jury., Mrs. Reddy was brought intc court in a chair carried by attendants She Was in a wreck on the New Yorl Central at Fancher, a town near NI agara,Falls, and claims to have beer badly Injured. Mrs. Reddy was award ed a verdict of $50,000, the largest sum ever awarded to a woman. Inoculated With Antl-Tetanlc Serum, Des Moines, la.. Oct. 27.—Dr. L. D. Rood, a prominent physician, acci- dentally inoculated himself with antl- tetanic Serum while attending a child who was dying of lockjaw and today his friends were startled by his an- nouncement that he expects to be dead in one week. FINDS FOR DEFENDANT. Referee DecldB'e a Question In Which ' Ownership of River Bed Is Involved. Glens Falls, Oct.. 27.—Former Jus- tice Landon of Schenectady as referee has just rendered a decision in the case of tTnlon Bag* and Paper company against the Alien Brothers' company, flndlng for the defendant. ie question in litigation Involved Crescent Shipyard Opened. Elizabeth, N. J., Oct 27.—The Cres- cent shipyards opened yesterday on a small scale. About 40 men are - at work, although when the yards opened 500 Were at the gate seeking employ- ment The yards originally employed from 800 to 1,000 men. Senator Stewart Married. Atlanta, 4a- Oct. 27. — Unfted States Senator William B. Stewart Of Nevada and Mrs. Mary Agnes \Cone widow of the late Theodore C. Cone oi Georgia, and'for several years past a resident of Washington, were married here last night,' The bride and groom leave todaj£fojr. WajMngton, JUBTTCE B. J, BBKWBft. Justice Brewer presents a piercing analysis ot the systom of appeal as It exists In the United States today, and refutes In tolling fashion the argu- ments against his suggestion, . The article makes an excollont b'rlef in support of his gonoral thesis, that \justice dolayed is often Justice do- niea.\ The outline around which, Justice Brewer has buljt up his argument is as follows: The right ol appeal is not a constitutional right; neither Is It a natural right It is merely a statutory privilege, wliich tho atatd may grant or deny at its pleasure. He thon considers the offeot.ot the unrestricted right of apnea!, fhidlttg that It tends to: prevent the punish- ment of crime and transfers tho stress of litigation from the lower to the higher court, thus, lessening; both toe standard \and tho responsibility of tho former, and overburdening the latter. Ho next defines tho position and work of the appellate court as he would have it, holding that privilege of ap- peal should bo under the control of that court ,and not be a right at the absolute disposal of the complainant- He would not take away from the higher court tho right of revlowing judgments, but would give It the ad- ded poyor of determining- tho\ advisa- bility of the revision,. This privilege would, In his systenvliold good not only in criminal, btff also in civil cases. In introducing his argument Justice Brewer said: \Some delight la the continuance of litigation, for thereby their pecun- iary Interests are eubservod, and those Interests are deemed more important than tho public wolfare. A.galn there are Bomo persona who aro associated, politically or In a businoss way, with those engaged in wrongdoing, and to all- such the Idea of prompt punish- ment—Indeed, of any punishment—Is abhorrent. But hoyond these it Is un- doubtedly true that to many ot our best citizens the taking away of the right of appeal seems a grlovous wrong. To them I wish to say a few words.\ Then, taking up the points made by him against the constitutional and nat- ural rights of appeal, Justice Brewer continues: '-^What Is meant by tHe right of ap- peal? Practically It I s a claim of a right to two trials. It Is not a right guaranteed by the constitution of the United States. Neither la It a natural right, for upon what principle of nat- ural justice can It be said that the state owes the duty of providing a sec- ond tribunal to inquire whether the first one has erred? If it does owe any. such duty, may it not also be con- tended that it also owes the further one of providing a third tribunal? And where is the limit?\ After defining the right of appeal as a statutory one,, which the state may give or take away, Justice Brewer ex- pands upon the patent delay In the punishment of crime caused by ap- peals. Chas. L Mack UaaiuBtee* Tftat H^i^\||^|^ %f JOase of 0atarrlv^;rMedin9w ; •'*.\. ' ^heft-on&et fceftiosti repiiiahlo. concerns, in^ai^k guarantees *Wt : aT#ed}c|«a^?ll effeoj ^jpureA'Pr he • will rejund % mQPPy t it speaks volumes as to the rnerlt^ 61 the rern.- edv,; i ItiBin.;fliia wfrythat Ohas, A.'$acfe js.'peilwig-flyoniel, tho treatmeD,* that has-5>ado so many remarkable; cure of uOUj, acute and chronic catarrh in Medina and vicinity* Bycnrxei-iBiiiot a Ipjll ,»or. dr it» liquid t&at las to pe taken with, a tablespoon, .or vnaeglass. * «Tuat breathe it by the aid of imitirjalei that cornea in every outfit and blene- fit will be-seen from the- first; treati went, It\ destroys all germ life in< the air passages and Inngi and enrichea and purifies the Iblood. with, addi* tionaltozono. It cures catarrh, oj the Btoxnaehi liver i and ikianeys. \Wherever iriucons mprnljranq «onv tains catarrhal genua, there BWmei will do its work of healing, • Whm using this treatment, the, air you breathe will he f ouna like that on, the momo-taina high above the »eft level, where grow b^lsamiQ tre$9 and plants wliich, make the air purs \by giving off volltilo antiseptic fra- grance that is healing to the respi- ratory organs, A, corapitto Hyomoi cu fit costs hut ?i,O0, and includes an inhaler, dropper and BUfficiont Hyqmei for several weeks teeatoutttt, f Phllo S. Bennett's Private Bequests. New Haven, Conn., Oot 27.—Some of the private bequests provided for in the will of the late Phllo S. Bennett, of which W. J. Bryan 1B an executor, were made public. Delia .A, Blgelow ot Waterville, N.,Y., is given $20,000; O. A. Cable, Yonkers, N, Y., $20,000; Mrs. G. A. Cable, Yonkers, $3,O00, and Blanche Conger, Waterville, N. Y., '$1,000, - • ^__ Gained Forty Pounds In Thirty Days. For several months our younger brother had been troubled with in- digestion. ' He tried several reme- dies but got no benefit from them.\ We purchased some of Chamber- lain's Stornach and Liver Tablets and he cornmeiiced taking thein. Inside of 'thirty days ho had gained forty, pounds in flesh. He i s now fully recovered. We have a good trade on the tablets.—Holley Bros., ffifesehants,. 3Jong Branch, Mo. For sale by Ohas, A. Mack, Medina. POTlffi & ALIEN Are the only retail dealers, in CIGARS in Medina who are also inannf aotorers, hence their goods contain no in- jurious or cheap ingredients. Their line of .CONFECTIONERY. is the best made. Cllvo Them a Trial, i Brass and Copper •>• We manufacture Sten- cils of all kinds. Prices depend entirely on atee and amount of lettering. Send us your copy for estimate. First class work guaranteed at low A est prices. i MEDINA GYCLE WORKS 609 South Main St THE F0UIMRACK TRUNK LINE. EST BffteOT JUNE 14,1003.; Trains pass Medina as follows : 0:00B.xn. •7:08 •0:49 12:85 •2:45 •6:80 •7:49 BAST BOUND. nr,Roch.7:B0n.m.»r. H.Y, . 8:40 \ \ 5:80 \ 11:16 \ \ -8 SO \ p. m. \ 3:00p.m. » ff-.W » 4:16 \ \ 5:80«.au 7:46 \ \ Y.-OO '\ 1 8:16 \ \ 5585.\ v _ only. Train loavesBnflaloat I1:M . , arrives In Medina 13:<0 Sonddriiionilng. WHSTBOUSD. •ia:49a. m. JH.BWIsl:BBanii ( •7:80 \ or. Buffalo 8:88».m. •' - Ha \ •9:49 \ \ um \ \ ;U?0S '• 11:58 \ \ l:2«p,m, \ taop.mt 8!47p.J^ \ 6:10^' \ '6:0S J » •7:10 'C# » 8«> \ \ \8S0 \ '9:28 \ \ 10:65;\' .-, - s .,..-• SnnastyBonljf, Triin'leaVeB Boohester 12:80• n.m„torrive8fnMedta»o4 1:46 p..iii,\ , falls at 2*5 p. jn, '--.*• • , ''--.,'.;. •Inolcmtee trains rtuadsllr. H. PAEEY, General Agent, • 875rMaln St., Buflafo,Nil • }ffi)BaBH.DAilJDBI^j' SenerilPauengerAienti, New,Xor|r. • . A.ato»ltK(HneralU«i»gK , •S* • I ' .)'.••-:•
