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NQT " JfeP t4t " S v A ADVERTISING IS SIMPLY
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KInlS "T" Trl" V,,,,, S I not "mako good." ftlahln Messenger. , ,
70, 150T weather TODAY-rnin SALT LAKE CITY, UTAH, FRIDAY MORNING, SEPTEMBER 11, 1908. ' 12 PAGES FIVE CENTS. 1
IL fen-Mile Wind, Aviator
Lains in the Air for
B Sisfy.Fivo Minutes.
WLm PERSON'S WITNESS
K-iane Readily Responds to
yish of tlie Gifted
Bf2,TThroke (he world's record
Ltnd distance for a hcavicr
Etinir machine which ho cstab-Bfonay-
In a flijjht. requiring
Hf on account of a ten-mile
Hf circled around the drill
MfTori Myer fifty-eight times
(&les and 52 seconds, exceed
SKibo of yesterday's record
Kttrro minutes and 37 seconds.
IHfcU was witnessed by nearly
EKltut the day tho weather was
PE'l nntl Mr. Wright did not ar
Hjjje field until after -1 o'clock.
JBLv;Cc was wheeled across the
JHfio deincnnblc wheels and
iH.o, tho stnrting track. At 5
iHjti Wright announced that he
UjKricl was blowing only about
LEtfti au hour when Mr. Wright
4Kd to make his flight. Tho
:Htf colaicr; who kept the field
iHfaw: tho flights t00,c lhcir PIacc3
iMr. Wright started tho motor.
jiido a Quick Ascent
Bf$:& Mr. Wright signaled ('. 13
NHr.Ui mechanician, to releaso the
mm. Tho aeroplane rose from tho
dHEHlcost immediately after leav
JHuc n'cgle starting fail. It eon
flHti lo dimb higher with each sue
hHk round of the field, until it
HHM u altitude of 7a feet. For the
IgjKtliitr rounds the machine ilew as
mBUfruon its previous flights but
'ftqE bilbo on it was seen to pitch
'itiBb km. as tho breeze from the
iKsfcdit. As the- niuchinc moved
jB'.fM sotijieni eud of the Held to
ilMgHtlra cad where tho uero garage
WgpxitiM aeroplane is located, Mr.
IftHft Ifpt it several points in the
4ivBeuKrrtha niacUiuo pitched it
JJKk fekialv seen from below that
yPKbiiM promptly to every move
Hk kvers by tho "operator. "Oue of
JBWiijJit's assistants marked 'the
lirgc figures at intervals on
.jB of a shed in order that Mr.
"MaiiKM see how long ho had been
;LS, lE43clied Altitude
of wind, unusuallv strong,
BiK"rial flyer during the rouud
jiBP.P'iBRcd shandy causing the
ilBi itllm "n a,,lrm- Wright
iSBSi tis mncliino lower, but
?iKt;0j ' 2o"o fntlt hc Iiad reachcd an
tiKvMr-'ri completed the fif-
?lm. r Tmi he llal beaten his rec-
SjMt?,e;dB" afternoon, which in
-yMMproken lIie worldB rccord cs.
gpw m the morning flight of yes-
JjM troKd Cavc a lustv cheer, but
S t0 bns" m.'iuipulatiug
JIK. i llis P s he had '
tr-iiKM, 7a 1J al,ow t""t he heard
dmmT-ioi illc spectators.
k"flKT.LCttil,f1aown at lo north-
jKih 0 -J61? at 11,0 Cll(1 of o
Kitttwncd on duty to protect Ihu
cmcd a cordon around it,
gWJed forward to congratulate
yjl.0 sPeed Probable.
toEtXofnccrs at the war de-
ilKdii T.) "Pressed the belief
nEht WU n,a1' a speed
klB,J;rtW0 nilles an hour with
Eent i" ,nnch'ne which did
Bfo? th?rk s,f 1 orc Mcr- This
tfiB!?tt0!i observation of Mr.
iKBb rcaking experiment of
HSi'ionr 52 a9f.8 mal:o forty-two
SSBuA?0i.Mnt ne.r lI,c contract
jT' ' 1110 cnract price being
1 'SnSo -ft0 bo tak,en on a mens-
rJBie wind 1 ,an .f,vc m!lc3
Rh;, tho ,.llc stKrt is to be a
jj?o?8Cfu1' S"CCl!1 :it both
riJ,itl'Svor ftuncc? his readiness.
SMteVAftl0? "ay be
iipint, in ,,r,i . ' I' urnass,
jMbili neTol? ,Bthc a'lr
V W m VA m.lc1""- it
Wfe wr A or 'he i S
JllB.i,;!1'''-!! Vv,.r ,f.r(,,rn Ureaksoa
When Arraigned in Court at
Vernal, He Enters Plea
TELLS WHERE HE GOT
HIS SUPPLY OF LIQUOR
As Result, Saloon Man Is Ar
rested 'and Put Under
Special to The Tribune.
VERNAL, Sept. 10. Henry Johnson, a
Ute Indian, who, on Saturday last, crim
inally assaulted the stepdaughter of the
postmaster at Fort Duchesne, pleaded
guilty to the crime today. The assault
was of a most brutal character. The girl
put up a desperate fight, and in tho
struggle the Indian tore a handful of hair
from her head, tore her clothing and ac
complished his purpose.
The girl was riding a horse when tho
Indian, half-crazed with drink, met her
and dragged her from tho animal. The
Indian mado good his escape, but ho was
captured on Sunday by W. S. Ijowc-,
deputy in the United States Indian serv
ice, and Capt. I Tall, Indian agent, who
both rode over from Whlto Rocks to Fort
Duchesne, riding all night, and secured
tho Indian at Randlct.
The following day Johnson confessed
his crime and also said he got theMiouor
at W. D. Ten Brock's saloon at Fort
Duchesne. "William E. Johnson, chief spe
cial officer of tho United States Indian
service, together with his deputy and
Capt. Hall, wont (o Ten Brock's saloon
at night and found the saloonkeeper, an
Indian and a Mexican all in bed together
and several bottles of beer with them.
The trio were arrested.
On the way to the Jail at tho fort,
Wllllum Wash, another bad Utc Indian,
was encountered and troublo ensued, and
tho result was that ho and another
aboriginal who appeared on tho scene
were also gathered In, but not without
a light, and the wholo six were thrown
Into the militnry Jail at the fort.
Then they made night hideous with
their yells, and they were only quieted
when the hose was turned on them.
On Tuesday they were brought to Ver
nal under an armed guard, as thero was
some talk of attacking the officers and
trying to free the men.
Ten Brock, the saloonkeeper, was
charged with selling- liquor to Indians,
and lie was held under bonds of ?6&00.
CASE AGAINST FITZGERALD
HAS FALLEN TO THE GROUND
CHICAGO." Sepr. iO. Georgo -V. Fitz
gerald," accused by the state authori
ties of the theft of 5173.000 from the
United States si'trcasury here was
freed by Judge Cuctlaln today. United
Stales Sublreasuror Boldenwrcck. acting
on Instructions not to disclose cvldcnco
gathered by the federal authorities, took
the stand and refused to testify. Judge
Chetlaln thcroupon dismissed the case.
When the sensational theft was dis
covered Fitzgerald was suspected by tho
federal authorities, but they ultimately
dropped that lead for lack of incriminat
ing evidence. A private detective later
worked on the ease for Mr. Boldenwrcck
personally, .and secured alleged cyldence
on which Fitzgerald was arrested recent
ly on a state warrant.
At the United States district attor
ney's office It was nsscrted that the evi
dence was insufficient to convict. This
was followed yesterday by Instructions
that federal employes should not testify.
Without this evidence It was Impossible
to show the basic fact that a crime had
been committed. No further court action
COSGROVE APPEARS1 TO
HAVE WON NOMINATION
SEATTLE. Sept. 10 Although returns
from tho state primaries held on Sep
tember S are still Incomplete tho figures
available leave no doubt of tho nomina
tion of Representative Wesley L. Jones
for the United States Senate over Levi
Ankeny, Incumbent. To succeed Jones as
Representative In Congress from the third
district, Miles Polndextcr (Republican) of
Spokane bus been chosen. There was no
opposition to William E, Humphrey of
Seattle, first district, and Francis W.
Cushmnn of Tacoma, second district.
The close fight for gubernatorial nomi
nation seems to be finally determined In
favor of Samuel G. Cosgrove, Republican,
of Pomeroy, Henry MeBrlde, his closest
opponent, having wired congratulations
and promised to support Cosgrovc, thus
conceding his defeat,
No.'irly all of the newly elected memhers
of the legislature are formally pledged
to tlnj senatorial candidate receiving the
highest vote on direct primary.
When asked if ho would abide by the
result of tho primaries, or would go be
fore the legislature for rc-flcc:tlou. Sena
tor Ankeny would not commit himself.
KERN TO MAKE SPECIAL
CAMPAIGN THROUGH WEST
CHICAGO, Sept. 0 -John W. Kern.
Democratic vice-presidential candidate,
will mako a speaking trip in tho South
in Octobci. and the national conimlttco
ih now arranging tho Itinerary Ho will
dollver one or two speeches in Maryland
and will apo;tk. in all probability, In West
Virginia and Delaware tho first wek in
October. Mr. Kern will speak in Wlns-ton-Saleni,
N". C. on October 7, when
the Statu fair will lie In progress. Tho
vleo-inesldontial candidate haa :ilso been
urged to mako speeches In Georgia and
Tennessee. Senator Gore of Oklahoma
and Georgo Fred Williams of Massachu
setts aiu to slump the Northwestern
Col. Moses C. Wei more of the finance
biiveau announced tonight that JfiOO Dem
ocratic newspapers had joined In the
movement to raise a popular subscription
fund with which lo run the Democratic
campaign. Ho nya Unit, in hla opinion,
every Democratic newspaper in tho
United Hlales will join In this movement.
GUILDFORD, England. Sept, I0.--A.
(hiring attempt was made last night to
ideal a number of valuable Jewels belong
Jlv"..to Mrfi' 'onn U'anl. daughter of
Wli telnw Held, the American embassador
In London. Mrs, Ward was visiting at
. oj plosdon, near here. Upon going to
her room to rot Irs she found her door
locked on the inside. Tho door was forced
and her JowelB wore found laid oul all
ready lo bn tnkcu away. Tho only
1,"!C?- ss .'.V' a P',rso. valued
at J..0H. lhe thieves had ontcred Iho
house by a rope ladder.
THE BIG MITT OF UTAH G: O. P. No. 12
"It h More Blessed io Give Than to Receive."
ARGUING BIG CASE '
- -AGIST PRESIDENT
Question of Executive's Right to
Set Aside Forest Reserves
CARSON CITY, Nov., Sept, 10. Ono
of the most important suits filed in thi3
State for 3'ears is being argued in tho
Federal court hero against tho right
of President Roosevelt and others to
set aside timber lands as forest reser
vations under an act of Congress mak
ing such provisions. Tho Eureka Livc
tock company is tho complainant. The
suit is against President Roosevelt, Sec
retary of Agriculture Wilson, Chief
Forester Pinchot and Forester Uaruott.
The case was argued yesterday be
fore Judge Farringtou and will bo con
cluded tomorrow, when United States
District Attorney Piatt will finish his
The forest reservation involved is the
Monitor forest reserve in Eureka coun
ty.'' Tho plaintiff company states that
when tho president and subordinates
set asido this tract of land as a forest
reserve, the company was grazing five
thousand sheep, and now iho forestry
department refuses to allow them to
continue to do so, thcrateuing to confis
cate tho sheep if the company persists
in such action. Tho plaintiffs claim
the land is more valuablo for agricul
tural and mineral purposes than for
timber and thcreforo should not bo set
C, K. LORD. PROMINENT
RAILROAD MAN, DIES
PHILADELPHIA. Sept. '10. Charles
K. Lord, president of the Tonopah &
Gold field Railroad company and formerly
third vice-president of the Baltimore &.
Ohio railroad, died today at the PrcB
byterlan hospital In this city. Death was
due to Bright's disease.
The body will be taken to Baltimore,
Saturday, on which day the funeral prob
ablv will be held.
Charles K. Lord was born In Hoosark
Falls, N. Y and was 00 years old. Ho
early engaged in the railroad business !
and wan employed on many railroads in
various capacities until 1880, when he
was mado general passenger agent of
tho Baltimore &. Ohio. In 1891 ho was
promoted to the third vice-presidency and
held that office until tho receivership in
1S9C, Ho then became president of the
. Consolidated Gas company. Mr. Lord
was ono of the four commissioners who
supervised tho rebuilding of the burned
district after the great fire in Baltimore
In 1903. and last year he was elected
president of the Tonopah & Goldfleld
railroad and vice-president of tho Tono
pah Mining company.
BISHOP J. L. SPALDING
PEORIA. 111., Sept. 10. Tha resignation
of Right Rev. John Lancaster Spalding,
bishop of the diocese of Peolla, becauso
of continued 111 health, was unofficially
announced from his residence today.
The bishop Is now in Ills sixty-ninth
venr and still uuffeiu from tho paralysis
which brought him near to death.
CHICAGO, Sept. 10. While Bishop
Spalding's physical condition was well
known to Catholic leadera here, news of
his resignation camo as a surprise.
Bishop P. J. Muldoon, tho newly chosen
heud of tho diocese of Rockford, III., said
that It wan too early to consider who
would succeed lo tho position.
Index to Today's Tribune
I- Departments. Page !
i. Society n
4 Markots "
i' Intermountalu 8 n
I Orvllle Wright breaks I1I3 own
i- world's record In aeroplane v
Drunken Indian confesses lo
v brutal assault upon girl at
J. Vernal 1 !
Bryan comes back strong in re- i
v aponse to criticism of Speaker
Cannon 1 v-
Important case against Presi- .J
4. dent Roosevelt in Nevada Fed-
-x eral court 1 -r
4. Answer of oil trust in reply to
4 petition of Government for re- 4
4. hearing 1
4 New evidence In Rustin tragedy -;-
J. at Omaha 1 -!
I- Wifo of New York millionaire r
J. bedecks herself with Jewels
4- and commits suicide S
Local . v
I E. IT. Harriman proposes to ex
4 pend $6,000,000 in Salt Lake... 3
.f- Church Ropubllcan primaries !
elect Chrlstensen delegations. .12 .j.
Rev. Peter A. Slmpkln returns
from European trip 1- -J
Dick Hawkins, negro, shot head i
. by David Logan, also a negro. .12 !
.u Federal orders are ' Ignored by
J. bunch that controls Utah 12 !
4 Sporting Nows.
Automobiles return from Gunnl- J
son endurance contest 9 -
Olympic athletes will arrive to- !
f day 0
F0RAKER IS CORDIALLY
RECEIVED BY TAFT
CINCINNATI. O . Sept. 10. Tim call
of Senator Foraker to tho offices of Judge
TaTt in the Sinton hotel, the half-hour
conferenco which followed, and tho state
ments of cordiality by each party to tho
conferenco, constituted tho new featuro
of the day at tho Taft headquarters.
"We had a very pleasant personal
talk," said Senator Foraker on leaving.
"Yes, wo talked about politics, about
nothing but politics, you might say."
"There Is nothing to say, except that
we repeated what wo said at Toledo,"
was Judge Taft's comment after his call
er had gone. He added.
"We discussed the general aspects of
Ihe campaign. Senator Foraker said he
wauled to do all he could to bring about
Republican success, and that when I
needed him I should call on him, Tho
Sonator Is to take an active part In the
Mr. Tuft expressed the desire that re
ports of tho interview should contain no
reference to "peace pact," as ho laugh
ingly remarkod, "Thero has never been
Interruption of peace personally between
myself and Senator Foraker."
CANNON OPENS HIS
DANVILLE. 111.. Sent. 10, Speaker Jo
Hcph G Cannon tonight opened the cam
paign for re-election to congress In his
home town. Almost his ontlro address
of nearly two hours was devoted to tho
labor question. Ho paid his respects to
Samuel Gompors, president of tho Ameri
can Federation of Labor, who spoke here
on Labor day and nttneked Mr. Cannon.
Inviting union worklngmcn to vote
against him, Mr. Cannon plainly said
he would never vote in congress for tho
boycott and soma other things demand
ed by Gompcrs. Including an antl-in-Junctlon
law that would make fish of
0110 and fowl of another. Mr. Cannon
was escorted from his home to the the
ater by tho Cannon Escort club, an or
ganisation that has taken an active part
I In every campaign hero for twenty years.
B EVINCE 11
Dl. RUSTIN TRAGEDY
Testimony of Physician Who At
tended Victim Leads to Ar
rest of C. E. Davis.
OMATIA, Sept. 10, Lato this after
noon County Attorno3' English filed a
complaint against Charles E. Davis,
charging him with murder in tho first
degree in connection with tho shooting
of Dr. Frederick Rustin tho morning
of Sopt. 2 Tho time of tho hearing
was not set.
An important development was
brought to the ntteution of the count
attorncy lato this afternoon when Dr.
.T. P. Lord, the physician called by Mrs.
Rustin to attend her husband immed
iately following tho shooting, told the
police that on his wav to tho Rustin
homo in the morning of the shooting ho
met a man answering the description
of Davis, two blocks from where Dr.
Rustin was shot and coming from tho
direction of tho dying physician's home.
This featuro was not, brought out at
tho inquest nlthough Dr. Lord was ouo
of tho witnesses.
Regarded as Significant
Chief Donahue this afternoon de
clared it was tho most significant bit
of evidence thus far secured. Dr. Lord
gave a very minuto description of tho
man which follows very closely in detail
that of Charles E. Davis.
"Tho man camo staggering along
the Btrcet." said Dr. Lord. "Ho passed
not more than thirty feet from me. I
noted him particularly becauso of tho
hour and the circumstances although
1 did not speak to him."
Dr. Lord's storj' fits rcell into tho
evidence presented to the coroner's jury
and indicates that tho man might huvo
been in tho vicinitj' of tho Rustin resi
dence ten to fifteen minutes beforo Dr.
Lord met him, or about tho timo tho
shooting is s.aid to have occurred.
Tho police are still searching for tho
missing revolver and have covered
every foot of territory within sovcral
blocks of the Rustin homo without success.
GOOD DEMOCRAT DECLINES
HEARST'S PROFFERED HONOR
LOS ANGELES. Sept. 10. Joseph Call
former United States district attorney,
and ono of the prominent Democrats ot
southern California, who was vestcrdav
nominated for Congress from the Seventh
dlslrict by tho Independence league, to
day declined tho nomination.
He said, In part:
"I am surprised to learn that tho Inde
pendence league ha3 decided to nominate
me for Congress.
"I am not a member of nor In any way
affiliated with that organization, and un
der no circumstances will I accept the
"I am convinced that tho effect of tho
independenco league organisation Is u
atalk votcn from Bryan for tho benefit of
Tuft. Mr. Bryan and tho Democratic
purty have mj full support In this campaign."
Boat Wrockod; Five Lost.
GRIMSBY, England. Sept. 10. Tho
British steamer Pacific. lfifiS tons, from
Sunderland to tho River Platte, was
wrecked off this port yesterday. A trawl
er rescued eighteen of iter crew from a
hoavy sea. Fivo of her men lost their
BRYAN GETS BACK
' AT 'ME JOE"
Makes Pointed Reply to State
ment of Speaker Concerning
Amount of His Fortune.
GIVES FRANK STATEMENT
OF HIS WEALTH AT PRESENT
Questions if Mr. Cannon Is Will
ing to Tell Public How He
Acquired His Riches.
OLNY, 111., Sept. 10. Giving a de
tailed statement of tho amount of prop
erty owned by him, which he placed
at $150,000 at tho outside. William J,
Bryan, Democratic candidate for presi
dent, in a speech hero today, declared
as false tho accusation of Speaker Jo
seph G. Cannon, mado yesterdaj' in
Springfield, 111., that he wns worth a
million dollars, and callod upon j.ho
speaker to bo as frank in making
known to the world tho amount of his
own earthly possessions. In the course
of his remarks Speaker Cannon is cred
ited with saying that Mr. Bryan had
accumulated "a "million dollars selling
wind and ink to the public.
How Ho Saved Money.
"I was worth about $3000 when I
was elected to congross," said Mr.
Bryan. "I served four 3-cars and by
careful econoin3' I saved botweon $3000
and $4000, or about $1000 a year, so
that when I went out of congress in
tho spring of 1S91 I was worth about
$6000 or $7000. During the period
that elapsed between tho end of. my
congressional terms and 1113' nomination
for tho presidency, about a 3"car and
four mouths, I engaged in speaking
and lecturing and added but a small
sum to ni3' savings. After the election
in 1S96, my earning power as a lec
turcr was largely enhanced In the
prominenco which the campaign had
given inc. My book "My First Bat
tle" brought mo $17,000, and I gavo
an equal amount of the profits to tho
various committees that had carriod on
tho campaign of 1S9G.
"My lectures have been nrofitablo
and nvv writings paid me well, but no
ono attends the lectures unless he wants
to do so, and no one bu3-s what I write
unless ho is interested in reading it.
More than half of my timo since 1890
has been given to gratuitous work, and
3"et I have been able to support myself
and accumulate propert3' which I would
cstimato at about $125,000. but as one
can never accurately say what property
is worth until ho sells it, I fix $150,000
as tho outsido limit, the maximum of
my wealth, and I n,m willing to leavo
tho public to determine whether that is
more than I ought to have carnod or
whether I have earned it honestly. And
now, having answered the criticism of
Mr, Cannon and showing that his ac
cusation is false, I think E am .-justified
in asking him to bo as frank with the
public as I have been.
Wliero Cannon Is At.
"Ho began holding office in 3S6.1
when I was a 3'car old, and during tho
last fort3"-soveu 3'ears ho lias held of
fico more than forty .years of the time,
and about thirty-five .years of that time
he has been a member of Congress and
has been drawing a salary that tho
members of Congress thougfit so inade
quate that the salary has recently been
increased Will he tell us what lie has
been soiling, to whom ho has sold it,
and how much ho got for it? Ho ought
to tell us whether he has mado any
money lecturing or writing that is by
selling wind and ink, to choose his
own choico language, no has been
greatly hampered in tho accumulation
of mono.y b3' tho strict attention to pub
lic duties and 3'ct ho is reDuted to bo
wealthy. If ho will tell us .just how
much he is worth wo can then guess
how much ho might havo been worth
had ho boon free to dovoto his talents
to mono3' making. Being the third man
in influenco in our government, coming
next to tho vico-president, if not even
aboc the vico-president, in his power
to influence legislation, is it not fair
that ho should appl.y to himself the
same rulo that ho applies to mo and
tako the public into his conGdcuco? Let
him tell us how much ho is worth and
how ho mado it. Lot him tell us what
ho hns been selling, to whom ho sold it,
and how much ho got for it. If ho
thinks that tho wealth of a presidential
candidate and tho course of such a can
didate's incomo shall bo known, will ho
dcn.y that tho speaker's wealth and his
sources of income should be known?"
SUICIDE OR MURDER;
BLACKMAIL IS ALLEGED
NEW YORK, Sept JO. Behoving that
Mrs. Rosa Zcller was murdered and her
lifeless body left In the kitchen of her
apartment In West Ono Hundred anil
Third street, the coroner today caused
tho arrest of Albert Zeller. the dead
woman's husband, and Mrs. Lena Gicgur,
a sister of Mr. Zeller. Tho husband was
charged with homicide and Mrs, Glogar
wan held as a witness. Zeller reported
tho case lo tho police as a suicide, hut
Mrs. Glogar paid that Mrs. Zfllor was In
faluatcd with Dr. Jacob Ffnakmnn, by
whom sho was formerly cmplovod as a
Zeller Is an engineer. His wiTo wao
a handsomo woman, HI years old.
Dr. Hockman told tho coroner lodav
that Mrs. Zeller had demanded monev of
him and that bo had paid her moro than
?.'!000 In the past year. Dr. Mockman
declined to tell tho naluro of the alleged
Mclntyro In Ousted.
NEW YORK. Sept. 10 The expulsion
of John G. Mclntyre from membership in
the Now York Stock Exchango was an
nounced on that exchange today, and his
scat on the exchange was ordered to be
sold. President Thomas in announcing
the decision, said It had bern discovered
that tho failure of T. A. Mclntyre & Co.,
of which Mclntyro was a member, was
due to recklessness and unbusinesslike
LIVERPOOL. Sept. 10. Tho unem
ployed of thla city today organized a pro
cession and marched to the town hall.
Two deputations wore received bv tho
lord mayor. They showed that 10.000 or
the luborerri of Llvorpool wore out of
work, and requested relief.
I TRUST FILES ; I
REPLY TO PETITION (1
Urges Upholding of Decision of I
the Circuit Court of JH
FINDS FAULT WITH JH
VIEWS OF U. S. COUNSEL- , ' jH
Government Now Has Opportu- " j
nity to Make. Rejoinder to ":
These Allegations. ;
CHICAGO, September 10. Counsel : j
for the Standard Oil compan3 of Indi: ! j
ana in an auswer filed today to tho po- B jH
tition of tho government attorne3's for J,
a re-hearing of tho appeal from Judgn Ki VM
Landis' judgment fining the companj'' 1 1 lH
$29,2-10,000 for tho violation of tho an- '' illl
ti-rcbato laws, uphold tho decision' of , J; jH
Judges Grosscup, Baker and Seaman
of tho United States circuit court ' of t !
Appeals, reversing tho judgment and )
lifting tho burden of the enormous fine, (
as good law amp- justified b3' the rcc- .
ords of the case. '
Takes Up Each Point if
Point b3' point tho answer, which ;
was formally placed on record at the ' J :
opening of tho offico of the clerk of J
tho court, by Colonel R. "V. Stowart, V '
general attorney in Chicago for tho ? ; IH
Standard Oil company, takes up tho ;
arguments of the petition for rc-hcar-
ing which set forth alleged errors and
particularly suggested that the upper )
court had erred in its understanding , : H
of. what tho trial judge reallv- had said
concerning tho previous offenses by tho , " !
Standard Oil compnu3' of Indiana, or ' RH
tho Standard Oil compan3' of !STew Jcr- 1 A iH
In tho petition for rc-hearing tho i
reviowing judges arc charged with as- j iiiH
Burning that Judge Lnndis attempted to f
tr3' and punish tho Standard Oil com- ' -il
pain of New Jcrsc3 in tho originnl J M
proceedings which wero ag'iinst the 5 'H
Standard Oil company of Inuiana. On
this point the answer declares it to Vl
be a matter of no cousoquenco whether ;"
the trial court referred to the New Jer-
scy compan3" of the Indiana company as 1 '. ,
not "a virgin offender." J
Real Point at Issue 1 .
The real point is, says the answer, '
didtho. .trial court-in imposing pun- r
ishmcnt tako into consideration tho re- ' IH
latiou between tho Standard Oil com- i'IH
pauy of New Jersey and tho Standard ItM
Oil company of Indiana and did it base ' 'iH
its fino upon the wealth of the Standard IH
Oil company of New Jcrsc3' and ita I jH
ability to pa3', instead of upon M10 f lH
wealth of tho Standard Oil company t' IH
of Indiana, and its abilitj- to pa.y," ' -t j
To determine this question the 1 ,
Standard Oil company's attorne's as- K fH
sort that a fow sentences oxtractod by I IH
tho government counsel from tho words I t-fl
of Judge Landis are not sufficient and ' 'Jl
quote at length from Judge Landis 'a fi
opinion to show that he referred to the , ill
cw Jersey corporation as tho "real j 'il
defendant" and to tho Indiana com-
pauy as tho "nominal defendant." ' 3 'jH
Wliy Fine Was Imposed. , ' jfH
Tho conclusion stated by tho answer V ihH
is "that tho enormous fino indicted j
upon tho defendant was becauso of thu -1
ownership of its stock by tho Standard flH
Oil company of Now Jersey and because ll
of the financial standing of tho latter ' ,
corporation is be3'ond disputo when tho ; ll
entire opinion of the trial court is con- j VRH
sidered. ' , I I '
A large part of tho petition for re- ' j
hearing, the auswer asserts, is a rcitcr- ' t
ation of points which no ono disputes, 1
and counsel for tho defendant continue I
their attack on tho potition b3' declar- j . 'M
ing that the government attorneys are 1 t vM
mistaken in their interpretation of tha . ' I 1H
Armour case, cited in the petition, and i jH
in suggesting that the reviewing court I j 4H
is in conflict with tho Supreme court. f I TH
On the question of knowledge of the
lawful rato on tho part of the defend- 1 'H
ant shipper, which was one of tho points '
on which great emphasis wns laid in I .
tho petition for rehearing, tho auswer , i
assorts that tho exceptions of tho gov- . :H
eminent 'sa counsel nro based on a mis- ' '1
approhension of the opinion and tlin v i
record in tho case. Tho exclusion of I i pH
certain evidence and tho question of in- ' J Pi
tent aro discussed in detail in tho an- ' -ft ipH
swer which asserts that the reviewing j Y
court was iustified in tho ruling which . m ! HH1H
it made. ( 1 fHIIH
Boast for Attorneys. ia
On the point of tho number of of- 1 I jf
fenscs which tho petition for rehearing jlH
asserted wns obscure in the opinion or
tho reviowing court, tho answer con- , 4 ..HUH
tends that, the government's, counsel has j iHIH
raised a cloud wliero thero is none, and j ijlHIH
thnt tho ruling of the court clearly , (
shows that the number of offenses was , ''EH
regulated' by the settlements and pn3-- 1 ', iH
ments of w'hich there wero thirty-six, '
and not by the carloads numbering 1162, il
on which 'tho fine was predicated, iiH
In 'conclusion the answor which was 1 I, . JiH
prepared by Attorney John S. Miller, ( J ....H
who together with Moritz T?osenthal and ; iH
Alfred D. Edd' represents tho defend- , iH
nnt. asserts that the suggestion of tho ; i'l
government's counsel that the rc-hearing j ' H
bo granted in order to ccrtif3" a ques-
lion to the- federal supremo court is 1 iH
not a proper ono becauso thero was no . iH
division of opinion among tho judges j ;.H
of tho reviewing court. .pH
Copies of the answer of the Standard IH
Oil coinpairy wnro served later in tho VtiiH
dav on the chief clerk in the offices 'ill
of'Unitcd States District Attorno3' lll
Sims. 2 M
Under the ruins of federal judicial . -M
procedure, tho government attorneys 'j 'fB
havo tho right to tile a reply to tho H
answer lo their petition if they discover $ H
in it new matter which they consider Il
needs a rejoinder. H
Answer to Bo Prosonted i 'H
The answer will bo presented to '- -j .H
Judges Grosscup, Baker and Seaman . i lH
of tho United States circuit court of t 'JM
appeals nnd will probabl.v bo considered IHIIH
at. the October term of eourr, which i 'il
opens October (i. j "HHH
II is not for the court to hear nr,g- v
1 - -tfH