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About Heppner gazette. (Heppner, Morrow County, Or.) 1892-1912 | View Entire Issue (Aug. 1, 1907)
Heppner Gazette iMMd HHimdarif Each Wmak HEPPNER . OREGON ROADS FACE CAR FAMINE. RESUME OF THE WEEK'S DOINGS General Review of Important Hap penings Presented in a Brief and Comprehensive Manner for Busy Readers National, Political, His torical and Commercial. Ito plans to disband the Corean army. Railroads have surrendered to North Carolina in the rate fight. Nino lives were lost on a burning steamer on Cayuga lake, New York. There is a great famine of teach ers due to the strike against state examination. A Chicago mob tried to kill the assailant of a girl but were prevented by the police. Senator Pettus, of Alabama is dead. He had recently celebrated his S6th birthday. The farmers trust, with headquar ters at Indianapolis, has decided on $1.25 wheat for 1907. Washington lumbermen want ex- Senator Spooner to fight the pro posed raise of freight on lumber pro ducts. Venezuela has refused Root's pro posals for setting the trouble exist ing and relations may be severed by the United States. A scout cruiser has just been launched at Quiney, Mass. It Is ex pected to prove the fastest boat in the American navy. Striking coal miners in Minnesota are to return to work. Salt Lake messenger boys have won their strike for alternate Sun days off. Mayor Taylor, of San Francisco, has appointed a new board of sup ervisors. Valuable historical papers have been stolen from their archives In Havana. The government says there Is no danger of a coal famine this winter like that of last. North Carolina ticket agents have been indicted for violating the state railroad rate law. The approaching election In the Philippines is arousing but little in terest among the natives. New York is terrified by the con tinued assaults on young girls which the police seem unable to stop. A Chicago woman has been ar rested who has for years been secur ing babies from so called "hospitals" and then selling them around town. While the czar was reviewing troops near the palace one regiment of his guard mutinied and refused to take part in maneuvers unless a cer tain commander was removed. Salvador has asked Mexico to act as mediator with Nicaragua. W. J. Bryan has saved a woman from being run over by an auto. Heat records throughout the Middle states have broken all former records for this summer. Thousands Will Be Needed to Market Present Crop. Chicago, July 30. The western railroads are facing the problem of assembling thousands of cars at var ious points during the next 30 days for the purpose of transporting the crops to market. Nearly every big railway system has received dialled reports from its agents in every part of the west, northwest and southwest regarding crop conditions, probable yield and the prospect for future bus iness. From these statements esti mates are made of the number of cars which will be needed to take care of the various crop movements along the line of each road. The agents are required to give some esti mate of the time when the ditterent crops will begin to move and how great the early movement will be. This is done so that the railroads may avoid, if possible, taking cars out of other service and rushing them to the west, there to remain idle for days awaiting loads. It is believed from the reports re ceived, thus far that the early crop movement this year will be heavy and therefore an unusually large her of cars will have to be as sembled. Some idea of the task that confronts the railroads can be gath ered from the Northwestern's report of the situation. On a new line of that company in the west there will be needed 100 boxcars alone to transport a potato crop which will be shipped from three new towns. Officials of the Northwestern insist that their road will be in better shape to handle this year's crop than it was last year's. A great amount of new equipment has been aaciea and business in other directions promises to be less imperative than last year. The company is also ma- ing an effort to have a larger percen tage of its own cars upon us rans this year. With this purpose in view, fewer Northwestern cars wijl be loaded io go off their own rails. Rnrlinsrton officials stated that they have just now a surplus of box cars and are accordingly assembling many cars to take care of their share of the Nebraska crop. They expect the wheat to begin to move between July 25 and August 1, and declare that before the first date arrives they will be in good shape to handle all that will be offered. It is probable that a conference of traffic officials will be held soon to talk over the crop movement and to make plans for co-operation of West ern roads with respect to prompt handline of foreign cars and their prompt return to the home lines. The railroads desire to make this a record year for prompt and expedi tious handling of the western crop. NEWS ITEMS OF GENERAL INTEREST FROM THE STATE OF OREGON BETTER TRAIN SERVICE. FOURTEEN BURNED ALIVE. New Edinburgh, a suburb of Ottawa, Ont., has been Bwept by fire. Esti mated loss, $300,000. ' The famine in St. Elizabeth district, Jamaica, is crowing worse. Ten thou sand people are said to be starving. The efforts of the Wabash railroad to establish 2-cent passenger rates all through the East has been blocked by other roads. Japan has completed a treaty taking full control of Corea and the minister of foreign affairs says China may share the same fate. H. H. Rogers, head of the Standard Oil, has been struck down by heat and his doctors have ordered complete rest as the only Lope of recovery. Three Indian girlB are guarding the graves of their ancestors in Kansas City, Kan. The government hae or; dered the bodies removed and the land sold. A steamer has just arrived at Van couver, B. C, with 1,177 Japanese from Honolulu. The Canadian Pacific railroad wants 5,000 coolieB for con struction work. The Corean emperor has confirmed the report that he has abdicated. Mrs. Russell Sage has given $100,000 to the Syracuse, N. Y.t university. Japan hae just tried to float $20,000, 000 of railroad bonds in England, but failed. German military officers are experi menting with a very successful dirigible balloon. The people of P.ussia are refusing to register for the elections, as they recog nize it to be a farce. A bulldog belonging to the Roosevelt family treed the French ambassador and has been bani&ned. Mysterious Explosion Shatters New York Tenement House. New York, July 30. An explosion accompanied by fire, shattered an East Side tenement late Sunday night, and within the crumbling walls 14 persons went down to death, while twise as many were probably fatally injured. The wrecked building was at 222 Christie street, where a six-story tenement rose above the grocery store bisement. The explosion is as yet unaccounted for and tore out the front of the building, and the fire that followed caught the 20 families, numbering 100 persons, while most of them were sound asleep. Fourteen dead bodies have been recovered. Of the injured, many jumped from the windows, others were caught by falling timbers, many, half suffocated by smoke, were dragged from the hallways, while others received their wounds during the panic and mad fight anions: each other for an exit. The tenement was occupied chiefly bv Italians. A passerby was attracted by the explosion which apparently occurred in the basement. As he turned toward the building the whole front with its flimsy fire escapes fell into the street, and from the sagging floors a score of the half awakened persons dropped into the street. Many of these were badly hurt, but they proved to be the more fortunate of the tenants for another moment and the building was wrapped in flames, and the cries of persons burn ing: to death rent the air. In the wild excitement that followed many were injured. Southern Pacific Anticipates Move ot Railroad Commission. Salem As a result of the hearing be fore the railroad commission of the complaint made upon the commission's own motion, against the alleged inade quate passenger train service of the Southern Pacific through the Willam ette valley from the south, in all prob ability an order will be made requiring t he company to run a Btub passenger trail from Koseburg to Portland on No. 12's time when that train is reported an hour late at that station. This order will be made to satisfy the demands of the traveling public for a more satisfactory sorvioe through the valley, especially by northbound over land No. 12, which, up to two weeks ago, was from one to six and eight, hours late. Doubtless in anticipation of the filing of this complaint, which has been hold in abeyance by the com mission for several weeks, the South ern Pacific company put on an extra train which runs as far south as Albany and then doubles back as the first sec tion of No. 12. Strangely enough this change was made upon the same day the complaint was filed, without notice to the com mission and without the latter's know ledge. Ever since this extra was put into service, picking up the heavy local express and baggage shipments, No. 12 has been on time and complaint has ceased upon this score. The railroad commission, however, believes this stub service should be extended as far south as Roseburg and an order to this effect will probably be made. It is expected that the Southern Pacific will endeavor to show that such an order is unnecessary, but, since no assurance is KEEP DEPOTS WARM. Commission Prepares Regulations for Roads Within State. Salem As a result of the hearing conducted during the forenoon of Tues day, July 16, upon the Bubject of depot and station accommodations and facil ities, the railroad commission has an nounced the adoption of a full set of rules and regulations governing the sanitation, heating, lighting, t'tc, of cars and depots and prescribing the facilities to be supplied in the trans portation of passengeaa within the state. The order is sweeping in effect, cov ering all of therailrcads operating lines in the state. The regulations, viola tions of which are subject to a forfeit ure of from $100 to $1 000, follow: All passenger waiting rooms and pas senger cars used in this state shall be clean and supplied with pure drinking water and so lighted, heated, ventilated and equipped as to render the occu pants of the same reasonably comfort able. Suitable toilet rooms or buildings shall be provided and kept clean at each regular station where an agent is maintained, a separate toilet room or building shall be kept for the use of women, which shall be marked as such, and which shall be unlocked at all times when, by these rules, the waiting room is required to be open. Toilet rooms on all cars carrying passengers shall be kept clean and supplied with toilet paper J Waiting rooms and ticket offices hav ing an agent shall be open for the ac commodation of the traveling publio at least 30 minutes before the schedule time of the arrival of all passenger trains scheduled to stop at such station LET ORCHARD PAY PENALTY. given that the new train service will and shall be kept cpen after the arriva be made permanent, the order of the commission will be a standing one and will make it so, GRAIN WHERE SAGEBRUSH WAS. Splendid Crops in Harney Women Work in Hayfields. Burns Haying is now in full force throughout Harney county, and the meadows are yielding heavy crops With few exceptions the alfalfa fields made an exceptional growth this year while the native grasses are unusually good. Men are in Etrong demand for this work at good wages, and even women are making big money driving mowers, rakes and stackers. The grain crops are also showing up well. There was a favorable rainfall during June and during the critical period there was no damaging froet, so the entire season has been encouraging for the farmer. The fall grain is well along toward ripening and the spring grain wheat, barley, rye, etc. has a strong growth, with a heavy head. It is really a pleasing sight to see fields wherein the sagebrush stood at the opening of last spring that are now undulating waves ot bending grain promising a rich harvest. the fruit has all done well this year and here will be more berries, apples, pears and apricots than ever before in the valley CHEMAWA IN FIRST RANK. of such passenger train for such length of time as will afford passengers a rea sonable opportunity to transact thei business and leave the station. In the case of delayed trains, such waiting rocms shall be kept open until the ac tual arrival of such delayed trains Waiting rooms at junctions shall be kept open when necessary for the ac commodation of passengers waiting to transfer from one line to the other. Platforms shall be kept lighted at night when the waiting room is by these rules required to be open. No Clerk Seen Yet at Burns, Burns The land department at Washington notified the land office here the latter part of June that a clerk and stenographer had been assigned to the office to relieve the congestion of busi ness and that he would report for duty July 1, but he has not shown up yet nor has the office heard anything more from him, and in the meantime a large amount of land business is hanging in the air, with settlers very anxious to make final proofs, settle contests and otherwise complete their entries. Germany will oppose at The Hague any movement towards disarmament. The recount of ballots in the mayor alty fight in New York jiaa been further delayed by McClellan's lawyers. The prosecuting attorney of Missis sippi has sued the Standard Oil com pany for $1,400,000 for violation of the anti-trust law. American and Japanese bluejackete in Trance are to be kept apart for fear of a fight. Both countries have squad rons in French waters. Renew Hostilities. San Francisco, July 30. A re newal of hostilities is threatened be tween the telegraphers and" their em- loyers. The local union served no tice today on the Western Union that in its belief the spirit of the agree ment which settled the strike was not being observed by the corporation. Resolutions were passed expressing the intention of the union to take the matter up with the higher officials of the Western Union. It Is claimed the operators who went on strike are be ing discriminated against. Improvemerts Will Make It Leading Indian School In Country. . Chemawa The Chemawa Indian school is building a new brick, hospital at a cost of $19,978, the contractor be ing Fred A. Erixon, of Salem. W. H. Dalrymple, also of Salem, has the con tract for the school's new brick bakery at a cost of $4,000. The work on both these buildings is rapidly progressing and it is hoped to have them ready for occupancy for the opening of the fall term of the school. The hospital will be supplied with the most modern and sanitary equip ment and the school s open-air sani tarium will be extended. The bakery will be supplied with the latest lm proved oven and appliances. Ihe swam and electrical engineering department of the school will also be improved by additions to meet the growing needs of the institution. With these improvement Chemawa will maintain her rank as the best equipped Indian manual training school, not only on the Pacific coast, but of the whole United States Indian service. In the Schools of Umatilla. Pendleton County Superintend ent Frank K. Welles has filed his an nual report for the year ending June 17. The report shows that a total of 13 90 pupils are enrolled in the county, and 175 teachers employed One hundred and six teachers were examined during the year for certi ficates, 16 of whom failed. Four hundred and eighty-four pupils are attending private schools in the county .and 1231 are not attending any school. PORTLAND MARKETS. 85c; gray, Mexico Will Conduct Hor Race. Mexico City, July 30. Backed by the federal government the Mexican derby will be run each year for ten years, beginning in iiu. me sum of $"100,000 will be given by the gov ernment for the purpose of raising the breed of horses brd in Mexico. V purse of $20,000 will be huns at the running of the race. The first race will be run over the new track which is to be built in Condesa on the present grounds of the Polo Club. Again Enlisting Npsrroes. Houston, Texas, July 30. The army recruiting station here today received Instructions to enlist for the colored cavalry especially desirable negroes, the first enlistment of ne groes since the Brownsville affair. Delay in Fruit Shipments. saiem Following closely upon the investigation of the delay in the passenger train service, on the Southern Pacific lines In Oregon, comes a complaint to the Railroad Commission from II. S. Gile, a com mission merchant, of this city, who asks that an investigation be made of the delay in the operation of freight trains on the Southern Paci fic, which, he says, affects fruit ship pers much more than the delay in the passenger train service. New Armament for O. A. C. Corvallis Oregon Agricultural col lege cadets will hereafter be armed with Krag rifles of the 1898 pattern. They will also have for drill purposes two 3.2-inch breech loading eteel field pieces, winch will supplant two old- fashioned muzzle loading cannon that have hitherto been in use. The arms are supplied by the War department. Two Acres Yield Him $1,250. Eugene Mahlon Harlow is doing fairly well with his small cherry orch ard, in spite of the prophecy of some who maintained that the crop of Royal Anna would be very light this year. Mr. Harlow, who has a scant two acres I in cherries, raised 12 4 tons from his little orchard. Wheat Club, 83c; bluesttem, valley, 80c; red, 80c. Oats No. 1 white, $2627; nominal. Barley Feed, $21.5022 per ton; brewing, nominal; rolled, $23.50 24.50. Corn Whole, $28; cracked, $29 per ton. Hay Valley timothy, No. 1, $17 18 per ton; Eastern Oregon timothy, $2123; clover, $9; cheat, $910; grain hay, $910; alfalfa, $1314. Butter Fancy creamery, 27j30c per pound. Poultry Average old liens, 12)6 13c per pound; mixed chickens, 12c; spring chickens, i(riibc; oiu roosters, 8(39c: dressed chickens, 1617c; tur keys, live, 1215c; turkeys, dressed choice, nominal; geese, Jive, 8llc ducks, 814c. Eggs French ranch, candled, 22 23c per dozen. Fruits Cherries, 812Jc a pound apples, $1.502.25 per box; Spitzen- bergs, $3.50 per box; cantaloupes $2.503.50 per crate; peaches, 60c $1.25 per crate; raspberries, $1.25 1.50 per crate; blackberries, 812Jc per pound; loganberries, $1 per crate; apricots, $1.50(aj2 per crate. Vegetables Turnips, l.5 per sack; carrots, $2 per sack; beets, $2 per sack; aspaiagus, 10c per pound; beans, 35c per pound; cabbage, 2c per pound; celery, $1.25 per dozen; corn, 2535c ier dozen; cucumbers, 50o$l per b"x; lettuce, head, 25c per dozen; onions, lo(2ZUc per aozen; peas, kojdc per pound; radishes, 20c per dozen; tomatoes, $11.25 per crate. Potatoes New, lUc per pound Veal Pressed, 58c per pound. Beef Dressed bulls, 3)4c per pound; cows, 66c; country steer, 6$7c. Mutton Dressed, fancy, 8(S)9c per pound; ordinary, 57c; spring lambs, 99c per pound. .Pork Dressed, 68c per pound. Hops 607c per pcund, according to quality. . Wool Eastern Oregon, average best, 1622c per pound, according to shrink- ge; VSIiey, ZWyfVt nucoruiug iu mie- ness; mohair choice, zyduc a pound. Borah Fervently Disclaims Thought of Immunity. Boise, Idaho, July 20 The case of the State of Idaho against William I). Haywood, charged with the murder' of Frank Steunenlerg, a former governor of the state, will lest with judge and jury by tonight. Clarence Darrow, after speaking for 11 hours, concluded the final plea for Haywood's life at 4:20 p. m., and at 7 o'clock last even ing United States Senator Boiah opened the closing argument for the prosecu tion. He will speak for three sessions, or about seven hours. Judge Fremont Wood, will instruct and charge the jury on faturany morning. Mr. Borah's speech'was a sensation From time to time he turned on conn sel for the defense, fierce denunciation pouring from his lips, and at times brought protests irom Mr. Kichardson and Mr. Darrow, but with blazing eyes and hot words ho silenced every effort to break the rush of words. The cli max was reached, when in behalf of the state of Idaho, its people, its gover nor and himself he disclaimed all m tention or desire to give immunity to Orchard. Finally, his face pale an voice quivering with emotion, the sen ator raised his arm and said: it l should ever join in or give ap proval to immunity to this man hope the great uod may wither my ritrht arm in the socket." Mr. Borah declared the slate did not want Haywood convicted of any crime for which Orchard or Pettibone or Moyer or Simpkins or anybody else was responsible, and desired' a verdict of guiltv only if the evidence was deemed sumcieni to warrant sucn a conclusion The senator denounced Clarence Par row's statement 'that the iurors' minds had been poisoned against the defend' ants in this case, kowhere, he de clared, could a fairer trial have been held than in Boise. JURY ACQUITS W. D. HAYWOOD Orchard's Grewsome Story Received Little Credence. GLASS CASE FINISHED. Attorneys Make Arguments to Jury in San Francisco. San Francisco, July 26. The Louis Glass bribes' case should be in the hands of the jury by 1 o'clock this after noon, rrancis J. Heney, for the peo pie, and T. C. Coogan, for the defense, yeeteruay made each his opening argu ment. At 10 o'clock this morning Dol phin M. Delmas will begin the closing address for Glass. Popular prophecy is divided between a conviction and a dis agreement. No one affects to forecast an acquittal. ihe chiei sensation of the trial came at 1 : 20 o'clock, when the prosecution having closed its case Mr. Delmas crisp ly announced: "So have we. ' This determination to offer no evidence in contradiction of the circumstantial web woven around Glass was a sudden and complete surprise to everyone, most of all to the prosecution, for. the previous day Delmas had casually, or so it seemed, mentioned Eudolph Spreckles as one of the witnesses we shall call. Heney, after stating frankly to the jury that the declination of Second Vice President Zimmer, the most important individual witness for the state, to tes tify had put it beyond the pewer of the prosecution to establish definitely the connection of Glass with the crime of bribing Supervisor Charles Boxton, de voted himself to a vigorous exposition of the circumstantial case made out. SUMMARY OF THE SURVIVORS. Revised Returns Show a Total of 93 Lives Lost. San Francisco, July 26. A recast of the returns from the work of retcuo shows that of the 245 person on the steamer Columbia, 152 have been saved, while five bodies have been re- overed and 88 are reported lost. Of the entire number of lost, 39 were men, 49 women and five were children Of the 191 passengers, 114 have been saved. Sixty-eight of these have been taken to Astoria, eight have arrived here and the remainder are at Eureka or on their way to this city. Of the 98 men, 70 were saved and of the 91 wo men 42 were eaved. Two of the seven children survive. Of the 54 members of the crew, 38 are alive. Deliberation Lasted 21 Hours, With Only Two for Conviction Hay wood Shakes Hards With Coun sel, Thanks Jurors and Goes to See His Mother. til of Hansen Must Explain. San Francisco, July Zb. Not tin Captain Hansen and the members the San Pedro reach here from Eureka, where they are now engaged in a squabble with the master of the Geo. W. Elder over the latter's claim for salvage, will Inspectors . Bolles and Bulger begin the inquiry Into the cause of the wreck of the steam er Columbia. The inspectors intend to get from Captain Hansen a full statement of the affair, with parti cular reference to the charge that he misunderstood the signals given by Captain Doran of the Columbia. Cuba Wants Civil Engineers. New York, July 26. Colonel William mack, u. S. A acting as adviser' to the Secretary of Public Works of the Cuban provincial gov ernnient, who has Just arrived from Havana, spoke encouragingly of Cu ban affairs, particularly of the rail road building since the Spanish- American war. He said the govern ment has appropriated $12,000,000 for this work done. He said that In his opinion there was In Cuba a good field for civil engineers Predicts Saionji's Defeat. Victoria, B. C, July. 26. Count Yanagisawa, of the Japanese House of Peers, says his government will be defeated soon by the attitude of Premier Satonji on the difficulties with the United States. He expects the new government to be formed when the Diet meets In December. Admiral Yamamoto will be at its head. He said that the Japanese are much excited over the San Fran cisco riots. t Eureka, Cal., July 23. Arrival yes terday of the steamer George W. Elder with the battered steam schooner San Pedro in tow, brought the first news of a marine disaster which will rank among the worst of the Pacific coast. The San Pedro drove full speed into the stem of the steamer Columbia, bound from San Francisco to Portland, tearing a great gash in her side, and causing her to sink within eight min utes near Shelter cove about 12:30 o'clock Sunday morning. The first reports justified the belief tha at least half of the 250 persons on board the Columbia had perished, but hourly the total ehrinkg. The best ad- ' vices now are that 177 escaped death when the vessel went to the bottom. One hundred and seven of the Colum bia's passengers and 37 of her crew have been brought to this port by the steamer Geo. W. Elder, which, towed the colliding schooner San Tedro from the scene of the disaster to Eureka. A late message from Shelter cove says that three more lifeboats have been picked up, one of them containing IS persons, another 15 and the third not reported . Two hours after the wreck the fog; lifted and a cold wind commenced to blow. The people in the boats suffered much. O. Swanson, a sailor of the San Ped ro, was at the wheel batuniay night when the fatal collision occurred. In his report to the sailors' agent, John Erickson, the blame is laid upon the shoulders of the Columbia's officers. Other members of the crew of the San Pedro substantiate tbe story of Swan- son, lie Bays that the crder was given to him when the lookout sighted the Columbia to put the wheel hard aport. Three points apoit carried the San Pedro seaward apparently out of they way of the approaching vessel, whose- name at that time was not known. Short toots from the whistles of both essels warned the skippers. The Co- umbia was on the ecast side, the San Pedro on the sea side. Apparently both vessels were proceeding at full speed. If all had gone well, the San edro would have cleared the Colum bia, but it is evident that an order, 'put the wheel hard a-starboard," was- given on the Columbia. This Bent her directly acrosH the bow of the Bteam schooner. Whether or not the speed of either vessel was slackened is imma terial, for the crash of the vessels was terrific. The Columbia, an iron vessel, bore the brunt of the impact, and her ton plates cracked, and a gash seven feet across the forward hatch allowed the water free ingress at great velocity. Among the survivors rescued and car- ied north to this iort by the George. W. Elder are men and women from a score of states, not a few from the At lantic Eeaboard and the Middle West. Among thepe are a number of school teachers, who were varying with a sea. voyuge their home trip from the an nual convention of the National Educa tional association at Los Angeles. A segregation of the Columbia's pas senger list shows that in her cabins she- carried 78 men and 90 women and girls; in her steerage 20 men and one woman, a total of 189. Discrepancies, however, between the full list furnished the purser on sailing and some of file names given by the survivors who have reached here indicate that the total number of passengers may have been greater. Sixteen of the names given here are not found on the steamship, company's certified list. Adding to the 189 accredited passengers the 59 or 60 members of the Columbia's crew gives a total of 249 lives jeopardized in the midnight collision. It is known that at least 40 women were saved. Plot Against Czar Is Nipped. St. Petersburg, July 23. The police today arrested on the street a student long suspected of belonging td the mili tary organization of the Social Revo lutionists. On searching them, the po lice found plans of both the Tsarskoe- Selo and Peterhof palaces, maps of the- St. Peter and St. Paul fortress, and the fortress at Cronstadt, and a Daner showing the disposition of the troops in the St. Petersburg barracks. The- police believe that they have nipped in the bud another attempt on the life of the emperor. Getting After Opium Trade. Pekin, July 27. The Chinese kov- ernment has formally announced its assent to the proposal made bv tl United States for a joint investigation by the poweas, including China, into the whole question of the opium trade and of the production of opium. De tails of the procedure will le arranged later. L-mna s delay in acceptance was due to a misunderstanding on her' part that six independent commissions com prehended such an inquiry. Takes Sting Out of Rate Law. Asheville, Tenn.. Julv 23. Federal Judge Pritchard today discharged Tick et Agents Wood and Wilson, of the Southern railway, on habeas corpus proceedings and declared the penalty clause of the new rate bill unconstitutional.