The Austin Statesman (Austin, Tex.), Ed. 1 Tuesday, December 4, 1906 Page: 2 of 8
eight pages : ill. ; page 24 x 17 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
■
A
I
((7
’ 6
55
t,
NATIONAL:BISCUr(COMPANY
6
4
TO FARMERS
3
fl
RULING OF COURT
A »
defeat the operation of this
section.
capital
its
r annum upon
when so as not to reduce
the
ed as income in 1885.
I
I
GUI
Outwits the Surgeon.
the railroad comiission act is uncon-
NICE HAIR FOR ALL.
T
one can have nice hair if he or
causes
।
Th
blue blood.
lossy as silk; delightful
The sixteenth arid seventeenth de-
it permits the
dantly, and kills the dandruff
150,
D
iviii, «nvr "C TC OT .1
carried real food tn the tissues.
"Red
bloode is today the mark of Nature’s
of all the proof submitted by the par-
1
r
the
bo constitutional by the supreme court
J
(2) that It is
CR
‘orner
Want
- . ..
..... .....___ _
years, the expenditures of the company
being bona tide, and not with a view to
blood loses its rich red color and be-
comes dark or "blue” the result is cold
cause.
f"The bills filed by the various com-
panies present questions of great im-
'J
ashing
• hair
abun-
germ.
hair and bald-
It is necessary
Old
DR
bi
H
DOCTORS BECOME POORER
IS LIFE GROWS LONGER!
408
Electri
Electri
tors. ]
Hose.
Abo
Judge Maxey Sustains Allega
tions In Rate Injunction Suits.
/
f
Sold by all druggists and grocers, or direct, In sealed bottles only;
never in bulk. Price $1. Insist on the genuine, and see that the "Old
Chemist" trade-mark is on the label. Beware of refilled bottles and
spurious malt whiskey substitutes offered for sale by unreliable dealers.
They are positively harmful and will not cure. Medical booklet and doc-
tors advice free. Dufty Malt Whiskey Co,, Rochester, N. Y.
The Southwestern Telegraph
& Telephone Company
Miu;,1 ,f..
AU:
Man
deale
Fire
mend
A
Statistic* Show That During the Past
Ten Year* th® Average Life Has
Been Prolonged, and the Ret
suit is Doctors' Incomes
Become Depleted.
TAB AUSTIN DAILY STATESMAN, TUESDAY, DECEMBER 4, 1006.
Overrules Allegation That Railroad Com-
mission Act Is Unconstitutional But
Orders Subject to Full Review.
proper basis for rate prescription. The
demurrer is overruled.
0
T
1
Ames, 169 U. 8., pages 546 anq 647.
In view of the ruling of the supreme
court the allegations are pertinent and
Once Destroy the Dandruff Germ, and
Hrr Grows Luxuriantly.
we
ml
be
Ca
ra
mne
a
Dr. W. H. Washburn, of Milwaukee,
who has a fad for gathering statistics,
is reported as saying. in a recent news-
paper interview, that "people are liv-
ing longer now, and, in consequence,
doctors are getting poorer." He claims
The fourth demurrer refers to para-
graph 5 of the bill and objects, in ef-
, - „ -- .....--itory, and (3) It
HAege4 that the railroad comms-
Finn is without authority to establish
brittle, dry,hair, falling
uess. ’ To cure dandruff
of the commission in putting
2 1-2-cent passenger rate on the
ton and Texas Central.
Has r
office
Offi
store,
Sig. ।
The complete Hyomei outfit costs but
$100, extra bottles, if needed, 50 cents.
We do not want anyone's money unless
Hyomel gives a relief and cure, and we
absolutely agree that money will be
refunded unless the remedy gives sat-
isfaction.
"PARSIFAL.”
Sublime Spectacle and Beautiful Les-
ion I* Presented.
No grander spectacle, no more sub-
lime subject, no greater Christian les-
Athutional was overruled, as the su-
preme court has Already held that it is
railroad ommisslon are reasonable—•
ind just to the carriers and to the pub-
that there is not a physician in gen-
eral practice in Milwaukee who is re-
ceiving within 11000 of what he receiv-
d mission were unjust and confiscatory.
• > The allegations complained of are
pertinent at least In showing that the
plaintim never acquiesced in the rates
A Bilious Spell
can be very quickly overcopebr you
will only resort to the Bitten at the
nr«t symptom. Your liver needs tho
centum pel
stock, and
passenger rates because the legislature
has established for nll roads in the
stalo h pas longer rte of 3 cents per
mile. -
■ '.
-:
right of the plaintiff, ns claimed in
paragraph 10 of the bill. to earn on
amount sufficient to provide a sinking
fund for the discharge of Its Indebted-
ness in addition' to paying the interest
thereon.
ias not du nd ruff, which
Pure Mal’Whisky, thengreatorenrwer
of youth.
The ground of (his objection is tnt
the plaintilt has, by its long continued
acqulescence in, and observance of, the
resulations, confirmed their resonable.
2888 and agreed to their enforcment.
This demurrer is overruled because the
alegationa of the bill show that the
plaintiff has persistently ©nd continu-
ously protested against the rates re-
bhrred to.
Th* ninth demurrer challenge* the
the future probable profits below said
per centum.”
Upon the subject of exemption from
future legislation, as claimed by the
plaintiff and other railroad companies
filing bills, the court cites the supreme
court of the United States in the case
of Chicago, etc.. Railway Co. vs. Min-
nesota, 123 U. S„ 455, and adds:
It may be said, in reference to all the
companies which seek to enjoin the
rates of the commisston, that no on©
of them relies Upon a charter, which
either expressly or by implication, ex-
empts it from liability to future legis-
lation as to the prescription of rates,
and certainly the general laws of the
state contain nothing which may be
The eighteenth, twentieth and
twenty-second demurrers go also to
certain allegations of paragraph 14* of
the bill and those demurrers will be
onisdered together. Briefly stated. It
is insisted by (hn plaintiff. In this
Paragtaph, that the passenger rate of
S 1-2 cents per mile prescribed by pas-
senger Circular No. 4'is. (1) unreason-
Our faith in the wonderful merit of
Hyomei as a cure for catarrh is shown
- by the guarantee give with every
Hyomei outfit that the money will be
refunded unless the treatment gives
satisfaction.
Mrs. Martha Carroll's Trial Will Begin
at Dallas Thursday.
DalJas, Dec. 3.—After consuming all
day fighting over legal, technicalieg
in the Dallas district criminal cotrt,
the attorney- for Mrs. Marth Carroli
.making specific rulings in each case It grupr 6 or tne otH ana objects, n er-
ns thought that the disposition of th® "ect, that the value of stocks and bonds
habit of coffee drinking itsel. A "blue
blooded woman write*:
"I drank coffee for ten years, my
to grow
expressed by it, and therefore sustains
the demurrer.
The tenth, eleventh, twelfth and
fourteenth demurrers go to paragraph*
10, 11 and 13 of the bill. Generally
speaking, these paragraphs claim the
right, on the part of the plaintiff, to
earn a dividend of 6 per cent on its
capital stock; to an allowance out of
its earnings in addition to operating
expenses, fixed charges and dividends,
for the betterment and improvement
of its lines of railway and railway
properties. The allegations of the bill
further complain of the manner in
which the railroad commission proceed-
ed to prescribing the rates contained
in exhibit E. etc.
Pik Co xa.Bentord, w< v. 8, 5981
Dow Va Beldelian, 1M U. s, M1.
gnczo, ete. Railroad va Iowa. Si i.
5- 155-
.2htrd— Any order of the commisaton.
"lcA proscribe* an unreasonably low
Every woman knows that a
polished table collects so much
dust in a day that she can write
her name on it.
so construed. Hence all the companies,
whether chartered by special act of the
legislature or unfler the general laws than {ten
of the state, took their charters sub- .
Ject to the general law and to such
changes as might be made in the gen-
eral law, and subject to future consti-
tutional provisions and future general
legislation. It is unnecessary to con-
sider the case of each plaintiff, sepa-
rately, inreference to this question. It
ta deemed suficient to observe that the
claim of all of them, upon this point,
is untenable. Th© demurrer will there-
7 < Mr. J. B. Coo per of Scotts-
ville, Ark., who wasted
away from 180 pounds to
150 pounds in a few
months, praises Duffy’s
Pure Malt Whiskey for
restoring his health.
It required only two bot-
tles to effect a cure and
increase his weight 10
pounds, according to his
own statement, written
June 6, 1906, which fol-
lows : .
"During my seventeen years as a sales-
man of general merchandise I have lost
about six months' time only until recently,
when I contracted a severe attack of bron-
chiti which made me feel as though I had
consumption.
ftl had been bothered with a slight cough
for eight or nine months. I lost in weight,
from 180 to ISO pounds. My doctor recom-
$ mended Duffy's Pure Mak Whiskey as the
lT best, cure for consumption, so I decided to
N try it, and after using two bottles sweet-
N coed with rock candy, I gained ten pounds
K * in two weeks.
5 "‘It certainly does all the doctor told me
|| it would do, and is the most effective tonic
I and stimulant I have ever taken. The doc-
Y tor had me order some of it for his patients,
V 00 you can see what he thinks of it.’”
, Respectfully yours,
" J. B. COOPER.)
HOLDS THAT CAUSE OF ACTION IS STATED
hair soft and gl
odor, and refre
■ . de. 1
Ruling on special demurrers,
- court says;
Barber Drowns Himself.
Ardmore? I. T., Dec. 3.—Monroe
Knight, a barber at Marietta, drowned
himself in Ited river Sunday. He left
a note to his wife stating that he had
lost his friends and was a financial
failure. The body has not been re-
covered.
ties to the cause. Intelligently decide
Whether th© rates prescribed by (ho
of '^0 orthepinintimTMroper ensiderrdeinmyiev
(state, traffic is voluntary.
I The allegation* of paragraph 4 may ,
hecnmenmatetatin „deferminins hxed but constanty protested ngaina
them. The demurrer is not well taken
and will be overrulefl.
The same thing happens to a
soda cracker exposed to the air
—sufficient reason for buying
Uneeda Biscuit the only
soda cracker. Perfectly pro-
tected in a dust tight, moisture
proof package.
The court overruled the general de- legations of paragraph 4 of the bill
murrer to the bill, holding that a cause that the plaintim is a carrier of inter-
of action I* stated. The allegation that ktate passngers and freight, etc., and
that its duty in respect to such inter-
nerves are stedy and I can sleep all
night.. A few weeks ago. calling at a
friend’s house, they said. 'What in the
world have you been doing? You took
ten years younger. I never saw you
look Ho well.’
"When I told then it was on account
This claim of th© plaintiff was
doubtless based upon the decision of -J........- -p-.------ -.....- -------
the sbpreme court of Pennsylvania. shall amount to a sum equal to 12 per
See Brymer vs. Butler Water Co., 179 • •— ------
Pa. St. Rep., 251. With due respect for
the opinion of that high tribunal, this
court is unable to concur, in tho view
murrers are interposed to certain alle-
gation* of the fourteenth paragraph of
the bill. In this paragraph the plain-
(liY assails the validity of passenger
rate of 2 1-2 cents per mile, while, it
is alleged, all other railway companies
in .the state may charge 3 cents per
mile for the transportation or passen-
gers. The special demurrer, now un-
der consideration, objects to other al-
legations of the bill, showing that th©
order Was not properly adopted by the
railroad commsson because of the dis-
qualification of Mr. CTuitt, one of its
member.’, who, R fs alleged, had form-
ed and expressed opinions prior to the
adoption of the order.
, portance to the plaintiffs and to the
people, and it is conceived to.be the
duty of the court, in ruling upon de-
murrer* to such bills, particularly spe-
clal demurrers, to give to the allega-
tfons a liberal construction, to the end
- thatthecourt may. upon consideration
proof of the facts would be clearly ad-
missible. The demurrer is overruled.
The fifth demurrer objectsto so much
of paragraphs 7 and 8iof the bill ts
set forth that certain decrees, alleged
to have been entered by the supreme
court of the United States, are res
adjudicata, etc.
The contention of the defendants in
this respect is correct; and so far as
the plaintiff attempts to plead the de-
crees mentioned as res adjudicata, the
demurrer is sustained.
glorious scenes upon canvas In our
owland today the famous paintings
of Elwin Abbey grace the walls of th©
Ijoston library, beautifully illustrating
the Quest of the Holy rail." It re-
mained, however, for the genius of the
Immortal Wagner to gather and study
the many legends, myths an mystical
Stofles pertaining to "The Holy Graii
and with ail this acquired knovpbdge;
supplemented and aided by hi* ow
poetic nature and artistic tehpern-,
ment to construct th spectacle of
all spectacles, the drama of all dramas,
the Poem of alt poems, now no univer-
’ally known as " Parsifal." A produc-
tion of this soul etirring drama. com-
mensurate with the requirements of
10 demanding a plak, was presented
Sold by leading druggists. Send 10c
in stamp? for sample to The Herpicide
Co., Detroit. Mich.
Yates Ar Hunter, special agents.
MURDER CASE POSTPONED.
BOY PLEADS GUILTY.
Houston Theft Cas* Would Have
Failed Had He Stood Pat.
Houston, Dec. 3.—Aaron Stricker, a
boy charged with theft, pleaded guilty
and was given six months. A plea of
not guilty would have resulted in re-
lease. as there was no evidence to
convict. The youth preferred a jail
sentence.
succeeded in getting the trial er the
murder case against her postponed una
til next Thursday morning. Mrs. Car-
roll and her husband, Charlee Carroll,
are jointly Indicted under charges of
murder because her husband killed
Frank Habel, the Texas state ergan-
izer of the American Federation of
dsistance that only thia medicine can
glve Be sure to try it at once.
The thirteenth demurrer objects to
the allegation* of paragraph 12 of the
Thethikademurter owu to the al- prlauc"usetstorpnasnaksnacrvrdene
railroad commission indicated that tho
tariffs and rates prescribed by “
Any
■he hi
Labor, and who was also prominent
in democratic politics c( Lhi’as. The
faniiies were neighbors, and Carroll
killed alel on September 19, 1905,
during a controversy originating in
trouble between the small children of
two families.
Upon the points suggested the fol-
lowing conclusions are announced:
First—The legisiature qf Texns hay.
Ing expressly authorizd the railroad
commission to make and establish pas-
senger rates, th© commission hn* th©
were set
rates provided they do not oke
Second— in all suits lb© rates and
tariffs, sought to be enjoined, should
be set out clearly and specificaily
without confusing them with prior
rates, abandoned by the commission,
or previous order*, se aside and an-
nulled.
Third—Motions have ben filed in
several of the cases In the nature of
exceptions. Disregarding these mo-
tions, th® court has permitted, wher-
ever necezaary, the demurrers to stand
as exception*, and has endeavored to
include in its rulings on the demur-
rers all questions that may have been
raised in either mode.
Fourth—Leave la granted the plain*
tiffs in all sulta to amend their bills.
WRECK NEAR KYLE.
Katy Freight Ditched and All Train*
Blocked.
Big Revival Scheme.
Houston, Dec. 3.—Th© City Pastors’
association has secured Dr. Torrey to
hold a series of meeting? next spring
hi a monster tabernacle to seat 10,000
people which will be erected.
Engine Killed Negro,
Liberty, Texas. Dec. 3.—Caleb ur.
nett, a negro, aged 54, was killed by
a Southern Pacific switch engine. Bur-
nett stepped in front of the engine anJ
Was ground to pieces.
Governor Frantz Returns.
San Antonio. Dec. 3.—After enjoying
a hunting trip in Texas and also con-
cluding the purchase of about 20.000
res of Texas land as an investment.
Governor Frantz of Oklahoma todav
formed home. It is very probable
that at the expiration of his term as
governor of Oklahoma he may become
a permanent resident of Texas,
Kansas Politician* on Hunt.
San Antonio. Dec 3.—A number of
prominent Kansas politicians and state
ofhicers-elect are in San Antonio. Thev
are en route to Southwest Texas to en-
joy an outing and to try and bag a
number of deer. The party consists of
S- C. Crummer. chairman of the re-
publican state central committee, and
who has been appointed private secre-
tary to Gvernor Hoch; J. M. Nation,
auditor: Charles Barnes, superntend-
ent of Insurance; A. E. Cornell, assist-
ant secretary of state; W. E. Davia. ay-
distant auditor, ahd%.~G. Hpkks, cor-
respondent of the Topeka Capital.
1 2
. il
amazement of all who know her. this
medicine completely cured her Ouar-
anteed euro for torpid lver/kidney ats.
ease, biliousness. Jaundice, chig and
fever, generat debility, nervousness and
blood poisoning. Best tonic made
Price 50c at Yates & Hunter's Drue
store. Try it.
STEAM ROLLER APPEARS.
Repaired and in Good Shape is Again
Ready for Use.
The heavy steam street roller which
was purchased from the city councM
by M. M. Ships some time ago after
having lain in the ditch for nearly a
year, made Its appearance on the street
charep a ductions in the rates and charges of
।----- express companiesa. The demurrer is
well taken and is sustained.
t^tt^ej'X^
hisher rat©, denies to the former the
equal protection of the laws a* guaran-
i^ed by the fourteenth amendment of
the constitutlon. Dotting v«. Knsas
City Stock Yard* Co., 181 U. S.,179,
ek,5eq: .The allegations of the bill, ad-
mitted by the demurrer to be tre,
bring this case within th® prnple an-
nounced in the last proposition, and it
necessarily folloWa that the plaintiff s
dehled, by passenger circular No. 4,
considered in connection with the alle-
gation* of the bill, the equal protec-
tion of the Jaw*. The ultimate deter-
mination of this nteresting and im-
portant guestion must depend upon the
proof. Tho demurrer* will be over-
ruled.
What was said by tho court in the
fourth clause of its conclusions applies
to the ground* of demurrer under con-
sideration. Besides, the court may
more intelligently consider the ele-
mi, ’ -- , "77* . ments which should properly enter
The .second demurrer challenges tbs. Into the question of rate making Wwhen
. __ tained in oil the facts are before it. The tenth,
ie ra.tes tariff*, eleventh, twelfth and fourteenth de-
i ,og - ,, • *■—y-- *G*. murrers will therefore be formally
| Th© question here! attempted to be overruled.
raised will be determined upon the final I
in a hearing. I Hence the demurrer will bo
Hou*- j overruled)
These demurrers raise other ques-
tions of n somewhat similar nature
not necessary, at (he present time, to
be considered since the demurrer* were
not pressed upon the argument; the
counsel for the defendants preferring
to answer the bill in these particulars
in order that the aw may be applied
to the proofs gs shown upon the final
hearing. The demurrers will therefore
be formally overruled.
hand* and feet, and more or less pal-
pitation of the heart, as well as gen- ______. w..g, .e
oral weakness. Coffee drinking, in'Round Table,’’
many persons, causes blue blood and legend or the same subject Germn
does not thsure any coattof-armn. or scholar, ana readers hav, galncl top
ancient pedigree—except the ancient nrineine1 -nA--. - .. ” • -Heir
Dr. W. H. Washburn, a prominent doc-
tor of Milwaukee, says that the
lengthening of life shows an annual
saving in doctors’ bill* to the people
of th* United States of $80,000,0001
This great saving of money and pro-
longing of life is due to the general
use of DUFFY'S PURE MALT
WHISKY; the great renewer of
youth.
hair dressing.
for© be sustained.
The twenty-fifth demurrer goes to
paragraph 17 of the bill. This para-
graph assail*, as unconstitutional, sec.
.. tions five, six and seven of the act
►y the com- ereatng the railroad commission.
nhhennten" Let it be coneeded, though not de-
cided that the section* complained of
are invalid. Still the‘hand of the com-
mission should not be stayed on that
account, since the act generally, which |
is constitutional, invest*, it with large >
powers in the matter of fixing and es- .
tablishing hues. However all these
questions may be considered upon the
final hearing, and the demurrer is for-
principal knowledge of the story from
the pen of their famous poet, Wolfram
yon Bsenbnch, who wrote hig lengthy
but wondertul poem before Wagneps
time. French readers are similarly ac_
Auainted with the sacred theme
The only scientific and common
sense way to treat catarrh of the nose
and throat is by a local application that
will kill the catarrhal germs.
Ordinary stomach dosinig is worse
than useless. Taking medicine into the
stomach to cure catarrh of the head
can have no good effect, and’often
leads to eerlouu derangement of the
digestive organs.
By breathing Hyomei three or four
times daily through the neat pocket
inhaler that comes with every out fl t
its medicated, healing air penetrate}? to
the most remote parts of the nose.
throat, and lungs, searches out and
kills alj catarrhal germs, and soothes
and heals any irritation in the mu-
cous membrane.
mally overruled.
The twenty-seventh demurrer ,0b
jects to that part of the bill which
seeks to enjoin the railroad commis-
sion from over hereafter making rates,
or issuing or delivering any further
I
?
7
The sixth and seventh demurrers go
to ro much of paragraphs 9 and 10 of
the bill as allege the compromise of
certain suit* and the Establishment by
such compromise of certain rules and
resulations contained in circular. 766 of
the railroad commission.
Conceding the truth of the allega-
tions, the railroad commission would
not be estopped thereby from prescrib-
ing future reasonable and just rates;
nor do the allegations show that the
plaintiff acquiesced in (he rate’ pre-
eribed by circular 766. To the extent,
therefore, that the plaintiff relies upon
the allegations ns ah estoppel the de-
murrer will be sustained. The alleg-
tns, however, may remain as part of
the bill as they may become important
in considering other questions, partic-
ularlythe supreme issue submitted, to- able and' cohsetor."
I Fortsaroyonnoteeomn nsoe -0
The eighth demurrer objects to so
much of paragraph* 10 and 19 of the
bill as complain of certain circulars,
orders, rates, Rchedules and tariffs I*,
sued by the railroad commission and
described In exhibit E.
-
A complication of female troubles.
With catarrh of the stomach and bow-
els. had reduced Mra. Thomas S. Aus-
tin. of' Heavenworth, Ind., to such a
deplorable condition, that her doctor
advised an operation-, but her husband
fearing fatal results, postponed this
to try Electric flitters; and to the
constitutional.
The court says:
"Demurrers are interposed by tho de-
fendants to all the bills; but without
• of Postum, that I had quit drinking
coffee, they could hardly believe it.
But spme.^lme after that they toll
me they had been using Postum, top.
Lively Conference Session.
Tyler, Texas, Dec. 3,—The sixty,
seventh annual session of the Texas
conference is now history. It was th©
Inee, I liveliest’ session held in years. Rev,
• r W. F. Ptckard’s case was again
brought to light. The minister asked
rate, providga they do not the tom“cu Nome wen by,;
^X.by tho lekislatureliisipndvbookiotc"uN"asndng‘
Second—The commtssfon, within the Nn!) rk” There’* • r-
HOSTETTER’S
STOMACH BITTERS >
he, a 53 ye.r.' record back or it and
beniderstmulating the llyer, al«o cure.
le. Belching, Sick Head-
head was dizzy, t had,constant heart-
burn, could not sleep nights, my hands quainted with the
and feet were cold summer and winter, through’ the medium of the erand work
mz.bloodwas poor and thin (lue or chetrain de Troyes. Other wrtX* -......r—---------------------------------pauus,
"seeing ro much satd In pratse oranai Philosophors.ofmaligsoilme different skin affections show that the blood is id
Poztum in the .papers, mv husband andltneir gentus I,, p , "powtn
I decided to try it. That was morelthrough the medium nt tut, AsoroIn
than a year ago and we have used it iegendary story. Artist, 001n5
ever Mne.'. with each other in perpetuadna ‘2
Now my head is not dizzy, my elA-ia-- ---- ------ 1 • 117
hand* and feet ar© always warm, my
tariffs, orders or circulars affecting th®
plaintiff.
For obvious reasons, not necessary1
to be enumerated, the demurrer is sus-
tained.
In addition to the above the follow-
ing rulings are made: a
First—in the suit of the Texas and
Pacifc Railway company and perhaps
in others, the defendants demur to so
much of the bill as eomplans of re-
C C C PURIFIES
e.6..THE BLOOD
As every part of the Ixxly is dependent on the blood for nourishment
and strength, it is necessary that this vital fluid be kept free from genus,
impurities and poisons. As long as it remains uncontaminated we are for-
tified against disease and health is assured; but any humor or impurity acts
injuriously on the system and affects the general health, or culminates in
some special blood disease. Pustular eruptions, pimples, rashes and the
__------------ ------— - ths Ee s3 •— J a feverish and diseased
condition as a result of too much acid, or the presence of some irritating
humor. Sores aud Ulcers are the result of morbid, unhealthy matter in the
blood, and Rheumatism, Catarrh, Scrofula, Contagious Blood Poison, etc.,
are all deep-seated blood diseases that continue to grow worse as long as the
impurity or poison remains in the circulation. Some persons are born with
an hereditary taint in the blood and we see the effect manifested in various
ways. The skin has a. pallid, waxy appearance, the eyes are weak, glands
in the neck often enlarged and usually the body is not fully developed or
strong, because it has always been fed on weak, impure blood. In all bloorl
troubles S. S. S. has proved itself a perfect remedy. It goes down into the
circulation and removes all poisons, humors, waste or foreign matter and
makes this stream of life pure and health-sustaining. Nothing reaches
iulieritcd blood troubles like S. S. S.; it removes every particle of taint
Erifies and strengthens the weak, deteriorated blood, supplies it with the
halthful properties it needs and establishes the foundation for good health.
Kheumatism, Catarrh, Scrofula, Sores and Ulcers, Skin Diseases, Contagious
3 1oOd Poison and a 11. b lood diseases and disorders are cured permanently
- i S. mj It 9made entirely‘of roots, herbs and barks, and is the King
f O‘ al blood Purifier. Book on the_blood and any medical advice desired
d sent free. THE SWIFT^PECIHC CO., ATLANTA, GA.
All druggists should be able to sup-
ply you with Hyomei or we will send
It by mail’on receipt of price, and every
package In sold with (he distinct un-
derstanding that it cost* nothing uniess
it cures. Write us today for a symp-
tom blank, which we will send you tres,
together with the treatise on Catarrh
and how to cure it. When you fill in
and return to us the symptom blank,
our consulting physician will give your
case the best care and attention, and
write you. a letter of advice without
charge. The R. T, Booth Company,
Buffalo, Nt Y.
All train* of this city northward
last night were made up here, because
of a freight wreck on the Intelnational
near Kyle, which blocked both the
Katy and the international trains. The
wrecked train was a Katy freight, and
five car* were in the ditch and across
the track in such shape as to make a
long wrecking job. The Katy made
up It* night train here and sent it out
to meet the main line at Granger, as
formerly. The international also made
up a special and sent it out to, meet
the main line at some point where the
blocked No. 6, due here at 11:45. p. m.,
could be reached. Nobody was report-
ed Injured in the wreok.
The nineteenth demurrer objects to
the allegations of paragraph 14 of the
bill, which set forth the construction
of the Trinity and Brazos Valley rall-
road and declare the. effect upon the
plaintiff's business alleged to result
therefrom.
The court Ip of the opinion that this
demurrer is well taken, and it will
therefore be sustained, Hee Covington,
etc.. Turnpike Co. vs. Sanford, supra.
The iwenty-first demurrer is inter-
posed to that part of paragraph 14 of
the bill, alleging in substance that the
enforcement against the plaintiff of the
rate prescribed by passenger circular
No. 4 would result in reduction of rates
on other lines of railways at competi-
tive points and that such reduction
would work a discrimination between
different localities.
It is thought that the demurrer is
well taken, and it will be sustained.
Th© twenty-third demurrer objects to
those allegations of paragraph 15 of tho
bill which set forth the effect of the
rules and orders of the railroad com-
mission upon the plaintiff’* interstate
and foreign traffic.
For reason* already given this de-
murrer is overruled.
The twenty-fourth demurrer objects
to that portion of paragraph 16 of tho
bill, alleging the existence of a con-
tract between the plaintiff and the
state of Texas, which precludes the
state and the railroad commission from
prescribing rates, the effect of which
would reduce the plaintiff’s earnings in
contravention of the act of the legis-
lature of 1853.
The section of the act relied upon
by th© plaintiff is in the following
words:
"It shall be lawful for the legisla-
ture at any time to prescribe the rates
to be charged for the transportation
of persons and property upon any such
road, should they be deemed too high;
and may exercise th© same power every
ten years; provided, that no reduction
shall be made unless the net profit of
the company for the previous ten
erally speaking, is a valid exercise of
legislative power there can be no
doubt, since the same hn* been held to
The first speclal demurrer goes to
paragraph 3.of the bill, which allege*
that the Act o( the legislature of Fexas.
creating the railroad commission. is un-
constitutional ah void.
That the act otth. legislature, gen-
The average lengthening of life in
the last ten years, ho said, has been
four years. In Milwaukee alone $300,-
000 las8 was paid for doctors’ bills in
1902 than was paid in 1892, and there
were one hundred and fifty more phy-
sicians to share the money. On the
basis of this lengthening of life, Dr.
Washburn said the annual saving to
the people of the United States yearly
in doctors' bills is 180,000,000.
Doctors everywhere agree with Dr
Washburn that man's life is longer
>*0
aristocrat.
When, from imperfect nutrition, the
for a new committee to investigate
him, as the old committee was not
unanimous in his vindication. A com-
mitter composed of I. F. Betts. C. W.
Thomas andL. B. Elrod was appoint-
ed. G. A. La Clere of Calvert was
suspended rom the ministry one year.
at the Hancock opera house last night
to a packed house.
Th© production was very well re-
ceived; especially popular was Par-
sifal himself, but while the acting of
Mr. Connor was fine, the character was
also applauded.
Very interesting scenle effects, some
ghastly, some grand and some touch-
ing, were introduced. The interior of
Klinschor’s study presented scenic op-
portunities that were most excellently
worked up, and the effects were at once
horrible and artistic.
While the vole© of Parsifal did not
seem to be at its best, the production
was successful in every way and quite
worthy of the attention it secured.
DO NOT DOSE THE STOMACH.
Cure Catarrh by Breathing Hyomei.
Sold Under Guarantee.
and those living in the
rural districts: Thia
company want* your
business and you are in
daily need of the con-
nections which we'alone
can give you. Remain
in the comfort of your home and
TELEPHONE
almost anywhere. You will be aston-
ished to learn how easily and how
cheaply you can get our service.
Inquire of our nearest
manager.
again yesterday, repaired and in gooq
shape. It ~as taken out to Hyde Park.
_____. Shipe stated that with the use of this
.. n , ,,,, ! roller and a road shaper, he expects to
M.y Bo Aristocrati. Butn FeeI b make ihe streets in Myd Park and tho
to Cause Cold Hand, and Feet. Speedway the prettiest streets in the
' .. ,,alstate of Texas.
Wherever the idea that blue-blooded j
ancestry is the best may have orig!ni
nated, the fact is, physiologically
speaking, blue blood is bad blood.
That is to say, the blood in the
veins which is dark and appears blue
through the white skin. I* that portion
of the blood stream laden, with the:
waste of refuse material of the.88-son or more Intense dram.Hit- action
tern, after the red bloo (arterin.a8/and no more beautiful or nteresting
-- --------- ‘ha "Red story was ever embodied In aplyiK
any perlod of the world's history than
was witnessed in the magnificent world
known mystic dram, "Parsifal." The
story of "Parsifal" In* somewhat va-
rled forms is more or less familiar
to English readers by their acquain_
tame with Tennyson’s "Knights or the
Round Table," or Walter Map’s welsh
of the same subject.
It I* objected by (he fifteenth de-
murrer that those allegations of para-
demurrers in the suit of the Houston t‘ constitute no sumdent iegaloratthor"Khrh 13.o the hill oretimproper,
and Texas Central railroad company native baMa or ground from which the 'doming’at great lo^ win n the son:
and tho veins of the court hereinafter < court can detormine the rensonablenene 0f r. its aom1ozi "i fiJ heutato
ineri-odhe-"seSsit.nmszrrsomliirnecenspoienrnesdarermmsueundsr-atpoc"enmmamizevnsmernnsuan
prepare the proper order" in ‘-h nmtM Imve n
"It I* an elementary principle < _
pleading that facts well pleaded in a
bill of complaint are admitted by de- f-0v•* Ie,an108 . .
murrer to be true, and the determine- | theira Hroad commission. Thus it was
tion of the truth or falsity of fact* aidby.thecsupreme court in Smyth v*.
alleged must await the judgment of
the court when the proofs are ‘ con-
sidered upon the final hearing of the
to kill the germ that causes it, and
that 1* Just what Newbro's Herpicide
does. Cornelius Grew, Colfax, Wash.,
says:
“One bottle of Newbro’s Herpicide
completely cured me of dandruff, which
was very thick; and it has stopped
my hair from falling out." It makes
n Pounds In Two Weeks
——ui"-M-X.-.7
Mt. 9. a. COOPBR,
Duffy’s Pure Malt Whiskey
h an absolutely pure, gentle and invigorating etimulant and tonic, It build, up the nerve
tiasues, tones p the har, f’rc* power 10 the brain, etreagth and elasticity to the mu--
ces and richness to the blood. It bring, into action all the vital force,, it makes
digestiog perfect and enable, you to get Im the food you eat the nourishment it con-
tain,. It is invaluable for overworked men, delicate women and sickly children. It
strengthena the eystem, is a promoter of good health and longevity make, the old young
and keep, the young Wrong Duffy'e Pure Malt Whiskey is a form of food already
digested. It ontains no fuKl oil and is the only whiskey that i, secognized a, a med?
. one. Thu is a guarantee. ~ -
----
„Judse Thomas s. Maxey, In tho of the United States. The demurrer
United States circuit court yesterday I, tberefore sustained,
announced hla rulings on preliminary he eecora demure , viny,
matters presented to him last week allegntions or the b ll, as com.
• i.theu.suns of ths railroads against paragraph S, that the rates. vrn,
the railroad commission In which the 'olassiAcations, schediles, etc. ar vol,1.
former seeks to enjoin rates and tarlrts "I ...........- • ' •- - - •
at the commission and also the action i
•
d Fine
$ 'JT Club B
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
The Austin Statesman (Austin, Tex.), Ed. 1 Tuesday, December 4, 1906, newspaper, December 4, 1906; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1434685/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .