COURT HOLDS PURE F000 LAW 15 UNFAIR Pennsylvania Law Declared Not Constituticnal. MAY GO TO SUPREME COURT Commissioner Foust Unprepared for Decision—Will Consuit the Attorney General. Hollidaysburg, Pa.—7ihe Pennsyi- vania pure food law of 1907 was de- clared unconstitutional in a decision filed by Judge Martin Bell in the Blair county court. This is the first opin- ion from the State courts on the new legislation. The decision was made in a case in which C. M. Kephart, an Altoona grocer, has been fined by an alder- man for selling peaches preserved in acid. The alderman’s judgment was reversed. Judge Bell decided the law violates Article 3, section 4 of the State con- stitution. He said: “How can a judge be supposed to take official no- tice of some bulletin issued by: the United States pure food commisgion- er? Possibly after he had directed the conviction of a defendant he would discover that the United States pure food commissioner had changed his rulings and the conviction was wrong. To allow the law to be.determined-by such bulletins would be to render confusion twice confounded. “The act of 1907 deals unfairly with wholesalers and jobbers in Pennsyl- vania. If such parties give a guar- anty to a retailer and the goods are adulterated they may be prosecuted forthwith in this State. But suppose the retailer buys from a wholesaler in New York and the goods are found to be adulterated. “All the remedy the pure food de- partment of Pennsylvania has is’ to notify the pure food department of the United States of such adulteration and it is very conceivable that in the crush of business in the United States courts in the city of New York no prosecution would ever come to trial against the New York wholesaler who sold adulterated goods. “Consequently he could afford to sell goods at a much lowér rate than our own Pennsylvania wholesalers and jobbers, because . the chances would be that he never would be tried for ‘selling adulterated goods.” Commissioner Foust’s Opinion. Harrisburg, Pa—When asked his opinion as to the decision of’the Blair county court declaring unconstitution- al the Tustin pure food act of the last legislature, Dairy and Food Commis- sioner James Foust said: “Until I can read the decision I cannot discuss its effect, except in a general way. I can say, however, that the decision cannot affect the laws governing the sale of oleo, reno- vating butter, cheese, fruit, syrups, vinegar, fresh meat, milk, fish, game and shellfish for all these. acts ofr former legislatures were specifically retained in force by the terms of the Tustin bill. “The case in the Blair county courts was known as the Kephart case, the charge relating to the sale of Cali- fornia fruit preserved with sulphuric acid. A case stated was submitted to the court by agreement of counsel. “This case directly involved sec- tions five and eight of the Tustin act, the question being in a general way whether the provisions of the Federal law and the rules of the Federal de- partment of agriculture could be read into. the Pennsylvania law by mere reference. “I shall take the matter up with the attorney general, of course, before deciding cn a plan of action.” JOHNSON WILL ACCEPT Listens to Call of Party, but Would Have Declined if Consulted. St. Paul, Minn.—Governor Johnson announced he would accept the nomi- nation for Governor tendered him by the State Democratic convention: “After due consideration of the mat- ter, and before I have been formally notified,” said he, “I will tell you I have made up my mind to lay aside all personal considerations and listen to the call of the party. I will ac- cept the nomination when it is for- mally tendered to me. I desire to state also, and to make it emphatic, that if the committee had called on me before the nominating speech had been made I would have positively declined to be a candidate. This ac- ceptance is contrary to my better judgment. I have given this matter the closest thought for the past 24 hours, and my first opinion, that a third nomination is unwise and against the principles of the party, is unchanged; yet 1 hardly see how I can get away from making the race without putting the party in a hole.” Governor Johnson has received a telegram of congratulation from W. J. Bryan. Endorse Gompers. Trenton, N. J—The State Federa- {ion of Labor adopted by a close vote the resolution endorsing the policies of Samuel Gompers. Its passage rol- lowed an unsuccessful attempt to adopt a resolution endorsing Bryan, which was headed oif by a resolution declaring it to be the sense of the delegates that no resolution of a po- litical nature should be considered. FIND LOST SUANISH MINE Americans Discover $5,000,000 Was Taken. Dallas, Tex.—Postmaster Simpson of this city, received a letter irom C. Owen & Bro., of Trawick, Tex, urging him to send them an expert i hing. to have were drowned. Hole from Which | | the fire that followed it, Finding that it would be | ARRESTED FOR BIG THEFT Accused Had Been Discharged from Government Service for Negligence. Chicago.—The mystery cf the theft of $173,000 from the United States sub-treasury a year and a half ago, one of the largest losses the government has ever suffered in this manner, is believed to have been solved by the arrest of George W. Fitzgerald. Cthers are believed to have been implicated in the crime, which for months completely baffled government secret service men. Fitzgerald was an assorting teller under Assistant United States Treas- urer William Boldenweck. Suspli- cion at the time of the theft, Feb- ruary 20, 1907, rested cn him, but so plausible was his story and so intense has apparent interest in discovering the real culprit, that interest ceased to center in him. Much work was done on the theory that the crime had been perpetrated by a colored man. Meanwhile Fitz- gerald was discharged from the gov- ernment employ for culpable negli- gence in allowing such a theft to be consummated under his eyes. UNCLE SAM FILES PETITION Document. Deals Severe Rebuke to Judges Who Overturned Big Standard Fine. Chicago.—The government's, peti- tion for a rehearing by the United States Court of Appeals of the case against ‘the Standard Oil Company of Indiana was filed and represents it is authoritatively stated, the administra- tion’s attempt to save the Elkins act and the interstate commerce law from becoming futile. The government has no expectation of having its plea granted. When the request for a rehearing is refused the next step will be to get the su- preme court to vacate the decision of the Appellate céurt by the issuance of a writ of certiorari. In a caustic criticism of the court of appeals the government declares its act has converted the antitrust and rebating laws into dead letters and opened wide the gates for all sorts of corporation abuses in interstate commerce. : os ~ FORTY PERSONS DROWNED Terrible Panic Follows When Norwe- gian Steamer Founders. . Bergen, Norway.— ine Norwegian steamer Folgefonden,” from to Hsugesund on the west coast of Norway, was wrecked near Ekone- viks and sank in three minutes. The steamer carried 70 passengers, and it is believed that 40 of them Fifteen bodies have been recovered. The captain of the steamer was among those saved. It is reported that a terrible panic occurred when the steamer struck, and that fearful scenes were wit- nessed on the shore as the vessel sank. Boats were hurriedly man- ned by those who had witnessed the catastrophe and they hurried to where the steamer had gone down, but most of the arrived too late to rescue the passengers. 1,500 BUILDINGS BURNED Fire Destroys a Large Section of the City of Constantinople. Constantinople.—Fire broke out Sunday afternoon in the Stamboul quarter and within a very brief per- iod a terrible conflagration was rag- ing. A strong wind carried the flames at great speed, and for six hours they swept over the section, destroy- ing 1,500 houses and shops. The fire was still burning at o'clock at night, but the wind had de- creased considerably. Stamboul is the Mohammedan part of the city. Within its walls are the Saraglio, the principal mosques, the mausoleums- of the sultans, the baths, the bazars, the public offices of government and the remains of ancient Constantinople. TRAIN BREAKS RECORD Experimental Run on Pennsylvania Makes Speed of More Than 160 Miles an Hour. Warsaw, Ind.—All speed records of Pittsburg, Ft. Wayne and Chicago di- vision of the Pennsylvania railroad have been broken. A special train carrying Prof. XK. E. Turneaure, dean of the engineer- ing department of the University of the railway engineering department of Cornell University, and F. M. Graham, the Pennsylvania chemist at Altoona, made a test run from Pierceton to Warsaw, nine miles. The speed was in excess of 100 miles an hour. OUTLOOK FOR BANKS GOOD Last Statement to Comptroller timistic Augury. Washington. — Treasury officials are greatly encouraged in their be- lief that the business conditions of the country are gradually but cer- tainly improving not only by the in- creasing revenue, but from customs and internal revenue, but by the gery favorable showing made by the na- tional banks throughout the country. Op- Seventy-Six Perish in Mine. Wigan.—It is now known that in the May- pole mine. [possible | to recover the bodies still the fire having the directors decide in the pit Bergen |. Fed 3 JORNSON ENAMED HOR GOVERNOR Minnesota Democratic Convention Stampeded for Him. SILENT AS TO ACCEPTANCE When Asked if He Would Accept Gov. ernor Johnson Replied That He Had Nothing to Say. Minneapolis.—The Democratic State convention stampeded for Governor John A. Johnson, nominating him unanimously for re-election with a rush after a remarkable demonstra: tion. When the roll call of counties was made for nomination Mayor Daniel W. Lawler. of St. Paul, took the plat: form and at the conelusion of ten words mentioned the name of John A. Johnson. " One of the wildest demonstrations ever seen in a Democratic. State con: vention in Minnesota ensued. Henne: pin county (Minneapolis) tore ip its standard and sfarted ‘a wild march about the hall. Evérybody else.seem- ed to join in. Some delegates group ed themselves on the stage about .the picture. of Governor Johnson.’ Band music added to the panGémon:um and candidates yelled and cheered for Johnson. Frank Day, the Governor's repre: sentative, immediately rushed out of the building to find a telephone to get into communication with the Gover Gov. Johnson, of Minnesota. nor at the capitol Minute after minute sped by;-but still the delegates yelled excitedly, waved banners, car ried the picture of Governor Johnson about the hall and put on duplication of the demonstration given to Bryan at Denver. The convention was wild for John: son. “Marching Through Georgia,” and “Cheer, Cheer, the Gang's All Here,” were played in succession by the band, and still the crowd yelled. The galleries which were well filled in the afternoon, »- joined in the dem- onstration. ' The result was inevitable. Nothing could stay the tide of'enthusiasm, and as’ soon as the effervesence nad sub: sided sufficiently, the Governor was named unanimously for gubernatorial. candidate. = The demonstration had lasted one hour and five minutes. When asked at St. Paul if he would accept the nomination, Gover nor John A. Johnson said: “I have not been officially notified of my nomination, so have nothing tc say.” SHERMAN NOTIFIED Republican Nominee for Vice Presi. dent Accepts Honor. Utica, N. Y.—The last formal cere mony attending the official launching of the Republican National ticket of 1908 was held“here when Representa: tive James Schoolcraft Sherman was tendered and accepted the nomination of his party for vice president. In accepting, he subscribed heartily he declared, to the declaration of prin ciples adopted at the Chicago conven tion in June, to the every utterance o! Secretary Taft in his Cincinnat! speech, and to the policies of Presi dent Roosevelt. Mr, Sherman assert ed that the approval cf the Roosevell administration was the real issue of the campaign about to be undertaken Mr. Bryan’s question: “Shall the peo ple rule?” was declared to be no Issue at all. Senator Julius Burrows of Michigan, delivered the notification address. BOLD DAYLIGHT ROBBERY Burglars Drug Watch Dogs and Mak¢ Off With $6,000 in Jewelry. Greenwich, Conn.—After drugging three watch dogs that guarded the summer home of Frederick W. Woerz a wealthy New York brewer, burglars entered his house at Belle Haver park, near here, and stole $6,00( worth of jewelry and $100 in money The robbery took place in broad daylight and while two servants were in the house. The servants heard the robbers moving about, but as the dogs did not bark they supposed they heard scme member of the family and made nd investigation. Order for 500 Box Cars. Baltimoge, Md.—The Atlantic Coast Line Railroad Company has awarded to the South Baltimore Steel Car and Foundry Company a contract for 560 steel under 1e box cars. The or- der involves an expenditure of approx imately $500,000. Bandits Piliage a Monastery. n ussia.—Bandi returned by CAN INDICT ‘FORTY RIOTERS Springfield “Grand Jury Already Finds True Bilis Against Two, One a Woman. Springfield, Ill.—Ten indictments agains{ two alleged mob leaders were the special grand- jury. Six of these are against Abraham Ray- mor and four are against Kate How- ard. : Raymer is charged with murder, four cases of malicious mischief and cne of riot. The charges against Mrs. Howard are for malicious mis- chief and are identical with those against Raymor on three counts. The charge against Raymor is based on his alleged participation in the lynching of William Donigan, a negro, 80 years old, who fell a victim to the mob’s fury Saturday night. Cen- siderable. evidence upon which this was voted was procured by a military court of inquiry which has been sit- ting under the direction of Lieuten- ant Colonel Chipperfield of the First Cavalry and which turned over to the State’s attorney the result of its in- vestigations. Can Indict Forty or Fifty. “We procured sufficient evidence to indict 40 or 50 participants in last week’s rioting,” said Colonel Chipper- field. “We have a compleie confes- sion from Raymor and we have also discovered convincing evidence of ar- son by a former police officer of ‘Springfield. The evidence is not only available for grand jury work, but it is also.of. such character that convic- tions are almost bound to follow its presentation in court. I will stand sponsor for that statement.” The indictments charge both Ray- mor and Mrs. Howard with participa- tion in the looting of the Loper restau- rant and also with aiding in the wrecking of the building. Final relinquishment of the military control of this city was the result of a conference between Governor Deneen and General Young. One reg- iment will be held here In reserve in case the Sheriff's force and police are unable to preserve the peace. ILLEGALLY TRIED Court-Martials of Temporary Com- mander Not Recognized by Army Regulations. Washington, D. C.—An order was issued by the war department, releas- ing from confinement 21 enlisted men of the Cuban army of pacification, who were convicted by court-martials for various infractions or the army regulations in Cuba. They are now in confinement at Fort Jay, New York. The order states that they were tried by court-martials “illegally econsti- tuted,” and: hence their release from imprisonment. This proceeding is so unusual that it aroused comment in army circles. The men were convicted by court- martials ordered by the temporary commandér of the Cuban army of pacification, Cclonel Owen J. Sweet of the Twenty-eighth Inrantry. The distinct provisicn of the law and army regulations is that court-martials may be constituted only by depart- commanders or by full commanders of an army. In the opinion of the Judge Advo- cate General, therefore, there was nothing to do but direct the release of the men. FORMER FOES HOLD Selon Survivors of Two Famous Cavalry : Organizations Meet in Peace at Picnic. Washington, Pa—Survivors of the Ringgold cavalry of the north and the McNeil Rangers of the south, held their annual reunion on the 20th at West Middletown. The two com- mands met in many bloody engage- ments during the Civil War. The address of welcome was delivered by the Rev. W. W. Hunter of Buffalo, an ‘honorary member of the regiment. Colonel A. J. Greenfield of Chicago, commanding officer of the Ringgold Battalion association, made the re- sponse. A dinner was served for the veterans and visitors by residents of West Middletown and vicinity. The reunion closed with a campfire in the Grove church. SIX CHILDREN DIE IN FLAMES Two Others Perhaps Fatally Burned While Parents Are Away From Home. Colfax, Wash.—Six children are dead and two others are burned so seriously that recovery is doubtful at the H. W. Shultz ranch, between Col- fax and Palouse. They perished in a fire thit destroyed the home at night. Four of the dead were children of Schultz. The other two were chil- dren of W, W, Fox, a brother-in-law. The men were away harvesting and the mothers were attending a theatric- al performance. The two eldest Schutz girls tried to rescue the children, but lost their. way to the door and were forced to drop the babies to make their own es- cape. Governor Defies Liquor Men. Lancaster, O.—Before thousands of sympathizing auditors attending the big annual Methodist camp meeting of the Lancaster conference, Governor A. L. Harris defended his suppert of temperance legislation and defied the liquor interests that are opposing his re-election. his temperance record and will not give an inch to the interests demand- ing his defeat. Nine Killed in Wreck. Mexico City.— Advices were receiv- ed here of the wreck of a work train on the Cananea, Yaqui River & Pacific railroad, which E. H. Harriman and associates are building down the Pa- zific slope. It resulted in the death of nine Mexicans and the serious in- jury of a score of others. Washington.—In view of The governor stands on PROHIBITION GANDIDATE FORMALLY NOTIFIED Professor Scanlon Presents Notifi- cation: in Chicago Music Hall VICTORY SURE SOME TIME Professor Scanlon Who Presented the Notification Says the Struggle Is . Not in Vain. Chicago.—At Music hall in the presence of a large ana enthusiastic audience, Eugene W. Chafin of Chica- go, accepted the nomination for the Presidency by the Prohibition party, The addresses formally notifying Mr. Chafin of his selection as the head of the Prohibition ticket was made by Prof. Charles Scanlon of Pittsburg, on behalf of the committee on notifica- vention in Columbus, O., July 16. Leading members of the party from Illinois, Michigan, Wisconsin, Ofio, Indiana, Nebraska and other States attended. : Chairman Jones of the National committee called the meeting to order and announced the selection of Sam- uel Dickie, president of Albion Col- lege, Albion, Mich., as chairman of the gathering. Mr. Dickie delivered a brief address and then Intreduced Mr. Scanlon. "He was greeted with applause -as he began his notifying address and throughout his speech was interrupted by evidence of ap- proval of his remarks. Prof. Scanlon, addressing Mr. Chae fin, said in part: You are not asked to lead a for- lorn hope. The final issue of this struggle is not now nor ever has been in doubt. The principies advocated by the Prohibition party are as cer- tain to prevail as time is to continue. Already they have been accepted by the churches and by a large propor- tion of the people. They have been adopted by five states within a year and by thousands of counties and town- ships. They are believed by a large majority of the peopie of the Na- tien, and however many may vote against you, few will deny that the triumph of prohibition for which you are the only Presidential candidate who has the courage to contend, would bless this world—as few events since the advent of the Son of Ged Las blessed tt. Says False Issues Are Raised. In replying to the notification, Mr. Chafin said in part: “We are approaching the close of another 50 years, where two dominant political parties, Republican and Dem- ocratic, have allied themselves with the most gigantic ‘crime that ever cursed the world, and by their atti- tude make known to tne American people that they do not propose to per- mit them .to have a chance, even thougn the majority favor it, to destroy the liquor traffic and add another amena- ‘ment to the constitution, which woulda mark the highest achievement of civ- ilization in the world’s history. “Twenty-seven presidential paigns have been more or less fiercety fought “to gain contro] of the govern- ment. "Most of them have been bat- tles over fictitious issues which had little or nothing to do with the admin- istrations which followed. In not more than six instances would a line of Anierican history have been chang- ed if the defeated candidate had been elected instead of the successful one. This party strife over false issues for the sake of obtaining office, has made moral cowards of many of our public men and transfcrmed some of our chief executives into mere pawns upon the party chess board; for no man lives in history and in the hearts of the people who does not gtand for the highest moral sentiment of his day. “For a long time there has been a disposition on the part of the lead- ing politicians of these old parties to belittle and ignore the liquor problem. This has now reached an acute stage which amounts to a conspiracy on the part of the leaders of these parties to coin’ up the conscience of the peo- ple into liquor license revenue and cf- fices. “The development of the trusts has changed entirely all the old theories of a protective tariff and free trade, and the people demand legislation in their interest on this important maz- ter, which can best be worked out by a permanent tariff commission. ' We are the only party that’strikes a blow at the ‘wocial evil; so closely allied to the liquor traffic, and propose the only practical method of stamping out polygamy throughout the Nation, by a uniform marriage and divorce law.” A POWERFUL EXPLOSIVE German Military Men Surprised at Results of New Death Deal- ing Invention. Munich.—A new high explosive of a power beyond anything hitherto used in the German army was tested near here in the presence of the artil- lery proving commission, representa- tives of the Bavarian war ministry, the imperial navy and the fortress and ordnance departments, with what are described as sensational results. Three shells exploded by electrie- ity, tore Krupp armor plates to pieces. The explosive is the invention of Fri‘z Gehre. Taft's Program. Hot Springs, Va.—Candidate Taft and party will leave Virginia Hot Springs Friday, August 28, for a week’s fishing in Lake Erie. Judge Taft will go to Cincinnati September . of Gore 5 or 6 to remain until election day. | Fire Wipes Out Town. Sault Marie, on Ste. Bay, Manitoulin island, wiped out by tion, appointed at the National con: cam- | Mich.—The town | BIG COAL DEAL CLOSED Julian Kennedy and Others Acquire Tract in Greene County, Paying $1,463,000. Pittsburg.—A deal has been closed by which 5,288,acres of coal land in Morgan and Washington townships, Greene county, changed hands for $1,- 463,000. The sellers were J. V. Thompson and 1. W. Semans of Un- iontown, and the purchasers Julian Kennedy and E. H. Jennings of this city, R. C. Crawford of McKeesport, James Henderson of Charleroi, Reed Kennedy of Homestead and T. L. Daly of Gibsontown. It is under- stood that a large coking plant will be erected on the tract. : The field is a portion of the old Coop- er & Lackey tract of 12,000 acres taken up in 1899. It is directly south of the tract recently sold by Mr. Thompson to the Bessemer Coke Com- pany ,and adjoins both the Bessemer holdings and those of the Pittsburg- Buffalo Company, which is establish- ing an enormous coal and coke ‘plant at Mariana. The sale is the Yargest that has taken place in Greene county field within a year and it is expected to have a decidededly beneficial. effect on business conditions. WELCOME TO OUR FLEET American Warships Arrive Safely in : Sydney Harbor. Sydney, N. S. W.—The American battleship fleet arrived here August 20. > : : It is estimated that. hardly less than 500,000 people assembled to give the visitors a royal welcome. Syd- ney harbor, with its innumerable bays, covers and beaches, never looked more beautiful. A hundred thousand people, the greatest single assemblage of all, gathered on the south heads, where a magnificent view of the whole scene was to be had. Hundreds of craft of all kinds moved up and down. Alfred Deakin, the prime minisfer of Australia, forwarded a message of welcome to ‘the American fleet. The American ships boomed forth a salute to the port and as soon as they were safely moored at their anchorage official visits were ex- changed. SEVENTY MINERS PEIRSH Fire in Pit Destroys Last Hope That Any Survive. Wigan.—The worst fears have been realized about the explosion which oc- curred in the Maypole mine. The entombed miners numbered about 70, and it is impossible that any of them can have survived. Efforts at rescue, however, continue - .on ceasingly. Thirty bodies were discovered in the workings, but the fumes from the burning coal prevent- . ed the rescuing parties from reaching the others, who probably are lying far down in the mine. A few bodies were brought to the surface, but all were so blackenzd and mutilated. that identification was | impossible. BLOOD CHANGES WOMAN Transfusion from Husband Causes Patient to Change Mentally and Physically. New York—Surgeons at St. James’ hospital, Newark, believe they have made an important discovery in the case of Mrs. Anna Bradley, who, it is said, has undergone a complete mental change since a pint of her hus- band’s blood was infused into her veins. Since then she has lost gradually her mental traits, and acquired those . of her husband, which were diréctly the opposite of her own. The only explanation possible, according to the doctors, Bradley has so changed his wife that she has in reality become a part of him. WINS RESIDENT'S MEDAL Sergeant Brest of Regular Army Has High Score at Camp Perry. Camp Perry, O.—Sergeant E. A. Brest of the United States Infantry won the President's contest in the closing event in the National Rifle As- sociaticn’s tournament. He made a score of 304 against a field of 377 other contestants. Last year the gold medal was won by Sergeant Berg of Washington by a score of 310. ; Captain F. W. Allen of Massachu- setts took second prize, the silver medal, with a score of 302. Third place and the bronze medal were taken by Lieutenants S. A, Harris, United States Infantry, with a score of 300. ARMY TO ‘FIGHT FRENCH ; Arab. Force of 25,000 Men Trying to Surprise Two Posts. Paris.—Reports from Algeria say a new uprising is under way on the Moroccan frontier, where an Arab army of 25,000 men is mobilizing and preparing to surprise the French posts at Bechar and Bonanane. General Lvauty, High Commissioner of the Algerian- Moroccan frontier, has ar- rived at Colomb Bechar and is organ- izing a flying column of 4,000 horse- men. Government advices declare the up- rising to be the result of the agita- tion of Mulai Hafid’s agents among the tribesmen. Reward Offered for Rioters. Springfield, Ill.—Governor Deneen issued a proclamation for each violent death during the riot, offering a re- ward of $200 for evidence which lead to the conviction of*:he guilty persons. John A. Hinsey, the “Captain Drey- the of its of Pythias,” after expulsion rge of embez- exonerated Kni is that the blood of Patrick. i forg som the man final trus ers com $2.6: Well one s are §