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: ! 2 THE SALT LAKE TRIBUNE, TUESDAY MORNING, DECEMBER 3, 1912. ,77 J
I'' DEE EE OPENS Ml
; THE DVWflMITE CASE
President Ryan of the Iron
Workers' Union First Wil
ness to Take Stand.
; FOUR MEN DISMISSED
; , Her-berl Hockin's Resignation
as--.Secretary of the Union
'"Announced in Court.
I INDIANAPOLIS. Dec. 2. Argumont
that those who already have confessed
alone, "caused the illegal transportation
of explosives on 'passenger trains to
blow up non 'Union Iron and steel Jobs
wag followed In the examination nt tho
"dynaYnltc conspiracy" trial today of
Frank Jlvnn. prtssldent of the Inter
national Association of Bridge and Struc
tural Iron work or.
After the testimony of Its SMth wit
ness, the government cloaed Its case und
on Its own motion Vind four of the
flrty.-flve defendants dismissed on the
ground that the charges against them
were not sustained. Their names fol
low: "William K. Benpon, East Galloway. N".
Y., .former president of the Dotrolt Fcd
t oration of Labor; Moulton H. Davis,
Wcutchcstcr. Pa., former member of tlm
executive boaVd of the International As
sociation of Bridge & Structural Iron
workers; John I. Carroll. Syracuse, X.
V., former officio! local Ironworkers'
union; Spurgcon P Meadows, Indlnn
anoIlB. business agent of the local coun
cil of the International Brotherhood of
Carpenters ,fc Joiners.
Beforo taking the ytand as the first
wim?M for the defense, Ryan announced
the resignation of Herbert S. Ilockln, as
socretary-treasuror of the union. Hock
ln, a defendant, was sitting. In court In
custody of bailiffs, having been unable
' to secure Inrrcaped bonds ordered by
the court nine days ago after witnesscu
deHcrlbed' him an a spy who helped the
arcNamaraa organise the "dynamiting
crew" and then had Riven Information to
the government and detectives after
quarrels with the confessed dynamiter.
Mr Ryan said Hockin's resignation was
voluntary. J. E. McClory of Cleveland
Mr. Ryan testified that neither ho nor
the executive board members knew of
any money having been expended by
AfcNamara for dynamiting purposes. AH
the letters written by him to business
agents In various cities, which the gov
ernment charges contained veiled In
structions about Jobs to be blown up,
Eyan said, simply referred to work upon
which non-union men were employed
and upon which It wrs desired to put
I Denied by Ryan.
"Did you ever talk to Ortle I. Mo
Manlgal about dynamtllng, or tell him
to change his appearance, so that he
would not be recognized?" asked Attor
ney William X. Hardin.
"I hardly knew McMunlgal and cer
tainly never knew he was employed as
a dynamiter for McNamara or nnvone
Mr. Ryan said he never had visited a
ault In the Ironworkers' headquarters
In Indianapolis where nltro-glycerlne
and dynamite had been kept and he
never had proposed, as charged, that J.
J. McNaniara. then secretary of the
1 union, take Hockin's place as head of
the "dynamiting crew." He denied he
had urged violence In the union's strike
t-alled several years ago and which Is
Questioned why he enclosed in a let
ter a newspaper clipping glvln.tr an ac
count of an explosion he explained It
wa sent lo McNamam as a matter of
t-eWH. Tie denied ho had told Edward
U.-irk. the confessed dynamiter, about
ljIovinR up a Job In Cincinnati-
I WOULD REMOVE ELK
TO MINNESOTA WOODS
DULUTH, Minn.. Dec. i,To stock the
isuponor national forest reserve with flic
s a move that will be taken by sports
Tien. according to O. E. Erlckson of
Crookslon. Minn. He believes if pro
iccted, the elk will increase In ton vears
o that the season can bo declared open
for twenty days in tho year
' he superior forest reserve contains
over 1 .000.000 acres lying In St. Louis and
UUrc counties, Minnesota. A transaction
now Is pending that may add 380.000
rcs. A big portion of the reserve Is
a virgin oreRt-, affording protection to
yr.S?,1 ""'"hers of deer and moose.
Hundrcdb of elk" die each winter in
Montana, where they have. been taken bi
ll government," said Mr. Erickson.
fcpontsman for the northern sportsmen
or Minnesota. "This is accounted for by
the extreme cold there and that the
woods arc not thick enough. The Su
i ? "een-o in differently clothed and
Tptild bB tnc best home for the elk. Wo
will take the question up with the con
gressmen, from Ihla Mate and aik them
to pabs nn act providing for the removal
f a h'rd of 100 elk from Montana to
I MAYOR LUNN DEFIES
NEW YORK COURTS
PHILADELPHIA , Pa., Dec. 2Tn. a
speech here today Georgo P. Lunn,
-ScicDCctady s Socialist mayor, chal
lenged the courts of Xcw ""t"ofk state
ro "go the limit and do Ibeir worst
in their I'aso against me."
Hejeviewcd. his .arrest and incarcera
tion in Little Falls, and added:
J'1,. 11 Tn-ovc paJ fr quoting
Abraham Lincoln anyyhcro in iho
United State. T don't know what
'bey are going to do, and what is more,
1 don't care.'' '
i J 7711011 in Salt Latc 0ity'
'jH arc invited to mako our
offices, at 32 Main street, their
flH bcadfl,lartcrD uid to ava.il
tholD6clvcB of the complete fa
cilitioa it offers for handling
y iiuancial, fiduciary or in
Checking accounts arc rc
' ' ceived, hearing 3 per cent in-
tcrest; -1 per cent la paid, on
&avius from upwards
Hj wd cortlflcatos of deposit are
ismcd hearing 6 per cent, pay-
M a11 monthly' quarterly or
TI1E SALT LAKE SEOUB
- ; ITY & TRUST CO.,
SUPREME COURT ENDS
THE HARRIMAN MERGER
(Continued from Pago Ono.)
est in tho San Pedro, l.os Angeles iJalt
lake ltallroad company, was allowed to
It it) the general belief hero Hint the
application of tho decision to the rail
road situation of tho country will be
widespread, placing a powerful precedent
In the hands of the attorney general to
prevent tho consolidation of competing
Depart nicnt of Jii3tlce officials, how
ever, were not prepared tonight to dis
cuss the full effect of the decision upon
Attorney General Wlckcrshani Issued a
statement In which ho declared that the
opinion cxteifded tho principles of the
Northern Securities case anil reaffirmed
tliOHo of the Standard Oil and St. Loula
Terminal association decisions.
Justice Day, In his opinion, spoko of
tho Standard Oil and Tobacco cases of
last year as the lliml authority on tho
interpretation of tho Sherman anti-trust
acL lie pointed to the- decisions beforo
the Standard Oil and Tobacco cases as
lieliiB approved In those aics and then
proceeded to apply to this merger the
principles dlscuesud In all these deci
sions. "Wo lake It In this connection," he
said, "that it may bo. regarded as set
tled that a combination which places
rallroada engaged In Inlerstato commeroo
In such rcl:it(on as to create a single
dominating control In one corporation
whereby natural and existing competition
In lntiT5latu commerce is unduly re
stricted or suppressed, Is within con
demnation of the act. While the law may
not bo able to enforce competition, it can
reach combinations which render compe
Cannot Be Dodged.
"Nor do wc think It can make any dif
ference that. Instead of reporting to a
holding company, as was done In the
Northern Senurlllcs case, tho controlling
Interest In tho stock of one. corporation
Is transferred to the other. The domi
nation and control, and the power to
suppress competition, are acquired in the
ono case no less than In the other, and
the resulting mischief, at which tho
statute was aimed. Is equally effcctlvij
whichever form is adopted."
Hk added that it more effectual form
of combination to secure the control of
a competing stock Interest In the other
could h.ardlv bo conceived.
Ono by one, Juntlcc Day took up the
arguments upon which the railways hoped
to defeat tho government's suit. Ho first
considered the arsumont that the sys
tems were not competitors, but part
ners. "To compete," said the Justice, "is to
strive for something which another is
actively seeking and wishes to gain."
He quoted the testimony of railroad
men that this was what tho Union Pa
cific and Southern Pacific were doing at
the time of the purchase. Competition
as to rates was not tho only aim of the
law. he explained, but there was compe
tition us to the character of service ren
dered and the accommodations afforded.
Hi said that it made no difference that
rates wero not raised for the time be
ing after tho combination was affected.
"It Is the snon of such combinations
and their power lo suppress and stifle
competition or create monopoly -which de
termines the applicability of the act,"
Justice Day declared.
The argument that the competitive
traffic was inllniteslmal he dismissed with
the, statement that it amounted to many
millions of dollars.
May Take Central Pacific.
Next he took up the argument that
the Union Pacific was only a connect
ing road and really had no line to San
Francisco, but was dependent upon the
Southern Pacific for such terms as It
could make over the old Central Pacific
line from Ogden to San Francisco. IIo
said that that was going too far, that
the Union Pacific's Portland route was
available and it would have been det
rimental lo the Southern Pacific to havo
dccllnod an arrangement to carry tho
Union Pacific's business from Ogden to
"But this case is not to be decided
on the theory," he continued, "that only
so much of the Southern Pacific system
as operates between Ogden and San Fran
cisco has been acquired. The purchase
may be judged by what In fact It has
accomplished and the natural and proba
ble consequences of that which was
done. Because It would havo been law
ful to gain, by purchaso or otherwise,
an entrance into California, over the old
Central Pacific, does not render it Jegal
to acquire the entire system, largely en
gaged In Interstate commerce, In compe
tition with the purchasing road."
Justice Da. replied to the argument
that a majority of the stock had not been
purchased and therefore no control had
been acquired. He quoted Mr. Harrl
man as saying that a compact, united
ownership of 46 per cent of a big cor
poration Tva3 sufficient to control it."
Suit Filed in Utah.
The government's tight against the
Union Pacific merger began In 180S. In
that year Attorney General Bonaparte
tiled in the United States, circuit court
for Utah a petition to split the trans
continental railroads brought together bv
Edward II. Harrlman. This powerful
combination was alleged to be in viola
tion of the Sherman antitrust law
Harrlman. Jacob H. Schlff, Otto H
Kahn, James Stlllman, Henry IT. rtoKers'
Henry C. Frlck and William .. Clark
wcro named by the government as the
creators of tho combination and the sun
portcrK of Its existence. The allegations
set forth in the petition stretched over
tho development of the entire nation and
went far Into the years of tho pasi. Cir
cuit Court Judges Sanborn. Van Devanter,
the suit"1 Adama wcro ca,led to pass on
The government's case waa built large
ly around tlm purchase by tho Union Pa
cific nallroad company In 1U01 and 100,J
of 46 ; per cent of the stock 0r the South
ern Pacific company, referred to an ordi
narily a controlling Interest. Tho main
line of the Union Pacific extended from ,
IsaneaH City and Omaha to Ogden. By '
subsidiary companies It reached Port
land, Or., and thence, by steamers. San
l-ranclsco and the orient. Tho Southern
Fuclfic had a line by sea and land from
cw lork to San Francisco and Portland
by way 0f New Orleana, and owned the
Central Pacific, extending from the ter
minus of the Union Pacific at Ogden to
ban Franclaco. .
Two weighty questions were presented
by this nhaso of the case. The first was
a question of law: Docs the purchase
outright by one railroad comnnnv of the
controlling corporate stock of ano'ther re
sult In a combination In violation of the
Sherman antitrust lawt No caso seem
ingly had arisen wlucn (inclucri the point.
Judge Hook reached tlm conclusion that
since It had been decided In tho North
ern Securities cane that the holding of
tho stock of two companies by a third
was a violation of tho law, therefore tho
holding by one of those two of the stock
of the other must Illccwlso bo a vlolutlon.
But Judges Adams, Van TJcvantcr and
Hanborn did not pas on this question be
cause they decided tho ease against the
government on the second question.
Tho second question was whether tho
Union Pacific and the Southern Pacific
were competitors for Situ FrunclFco busi
ness. The government presented wit
nesses to show the two companies beforn
the merger maintained rival fcollcltlng
agents In tho east, and that thoy wern
commercially regurded as competitors for
transcontinental business. Tho court
reached the conclusion that tho question
of whether they were competitors way
not to be decided entirely as a matter
of fact governed by testimony, but was
partially a question of law.
As a matter of law, It was hold that
tho two could not bo competitors, because
the Union Pacific had to dopend upon
the Southern Pacific to got from Ogden
to San Francisco, and upon Independent
railroads to bring freight and passengers
from lht east to It at tCansaa City and
Omaha. In so finding, the court concluded
tho Union Pacific's lino from Ogdn
through Portland to San Francisco was
"Weight was given bv the majority of
the court to tho testimony for the rail
roads that the purchase wac made not to
throttle compel Itlon, but to prevent tho
Union Pacific being bottled up at Ogden.
It was said that Mr. Harrlman, acting
for the Union l'aclflr, flrat tried to pur
chase from tho Southern Pacific tho old
Central Pacific line, extending from Og
den to San Francisco. In this he failed.
Then ho entered Into negotiations with
C. P. Huntington for the purchaso of a
largo block of the Southern Pacific's
stock. In that, too, he failed. Arter Mr.
Huntington died, efforts were renewed,
Tho Gould Interests were said to havo
been a rival bidder. This tlmo Mr. Har
rlman was succcssmul. Tho motive of the
Union Pacific, it was insisted, was merely
to have a friendly outlet to San Francisco.
The government also complained that
tho two nystems. tho. Union PacIHc and
tho Southern Pacific, wore competitors
for huslness from Atlantic seaboard and
tween the Atlantic seaboard on the one
hand to Portland. Or., on tho other: be
tween tho Atlantic aceaboard o ntho ono
hand and Colorado and Utah common
points on the other; between Portland
on the ono hand and Utah, Colorado and
Nevada, common points on the other; hc
twuen !fan Frapcleco on ono hand and
Portland on the other; between San
Francisco on one. hand and Jrortland on
the other; between San Francisco on tho
one hand and Montana and Idaho common
points on tho other; between New York
and Interior common points on tho ono
hand and tho orient on the other.
In each of those subordinate complaints
the majority of the court found that the
business of each of the railroads lo the
respective areas In question constituted
s,? ?!"a.1,,,a Percentage of their total traf
fic that it would not bo taken as tho basis
for a substantial restraint on Interstate
Tho test which the majority applied In
the subordinate complaints and in the
test determining whether the railroads
were competitors was denounced by Jude
Hook as probably allowing the Union
Pacific to purchase lawfuliv control of
all tho great parallel railroad systems of
tho united States.
San Pedro Involved.
Another complaint was addrossed to
the construction of tho San Pedro. Los
Angeles it Salt Uako Railroad company.
Defendant Clark and hit, associates
started to bnlld a road to connect Los
Angeles and Salt Lake City, and so did
the Union Pacific. Because of tho al
eged Impracticability of constructing two
lines lhrufih the, canyon known as
Meadow Valley wash, ono road was built
tho court found, each group of promoters
taking one-half the ctock. The entire
court found nothing violative of the Sher
man antitrust law in the Union Pacific's
control of thlH road.
The government complained of the
purchase by the Union Pacific" of control
ling stock In the Northern Pacific com
pany. The court declared it was onlv
necessary to say the Union Pacific had
sold that stock.
Still another complaint was the our
chase In 1904 by Defendants Harriman
Rogers Stlllman. SchlfT Kahn and Wil
liam Rockefeller of $30,000,000 in face
value of the stock of the Atchison. Tone
ka & Santa Fe Railway company and the
nvestrr.ent In IflOS by the Union Pacific
In c. per cent of that stock. The court
found no proof that nny control was tnus
obtained over the rival Santa Fe
Thus defeated In the circuit court the
government brought the case to the su
preme court. Attorney General Wicker
sham. Frank B. Kellogg and Cordenlo A
Severance appeared for the govornmnni
A long list of attorneys, headed by p it
Dunne of San Francisco and N ' iV
Lopmis of Omaha, represented tho defendants.
Feeling of Relief.
OMAHA, Dec. 2. Intense Interest wa?
shown in railroad circles relative lo the
Union Paclnc merger decision. ThJfe was
especially true at Union Pacific head
quarters, where officials in manv In.
stances forgot their luncheon In discus
slon of tho subject.
President A. L. Mohler was eacer for
tho details of the decision. butccUned
to comment on It. There was. however
a general atmosphere of relief when' the"
S liw?s k,n0Wn- One Prominent of
ficial declared It would have the effect of
clearing up many matters which had
occn much speculated upon. Hp also as
serted It would put the Union Pacific
railroad in a position to go ahead with
many projects which havo been held up
awaiting the ontconie of the merger suit.
Nelson H. Loomls, general counsel for
tho Union Pacific, who conducted tlm
merger suit before tho United States su
premo court, would not. comment on the
decision, saying ho wished to read It be
fore express ng an opinion. Another of
ficial of the. law department, however, ex
pressed the opinion that It was a victory.
Ho said tho original contention of the
company was for control of a direct Z
hrough line to the Pacific coast rath"?
lhan tor control 0f tho Southern Pacific
'system. Indeed, he aald (hat former
President Harrlman was compelled to
take over the Southern Wlfic sjste n
Sc coast.10 HCUre 14 cotlt,ni's llVo tS
Thcro arc many projects for improving
the overland route, Including a doubl
track west of Ogden. which, accordln" fo
raduofriclal6 w" now be car?
rled out. What action will l0 talc mi
taking over the old Central Pa"
clflc line from Ogden to San Francisco K
STATUS LITTLE AFFECTED,
SAYS PARLEY L WILLIAMS
The news of the action or tho United i'
States supreme court In ordering the re- '
llnqulshment of the Southern Pacific by
the Union Pacific wan received without
eurprlso at the offices of the law de
partment of the Oregon Short Lino and
Union Pacific railroads in this city. Par-;
AL r Ull,am? Sp"eral counsel for tho
J.eP'.V 5hort I'1,,e- ,vho "'as associated
with the counsol for the Union Pacific
in contesting tlm petition for dissolution,
cald yesterday that, while he had hoped for
another result he was not surprised at the
action of the supreme court. He added:
It occurs to me that the entire dis
cussion has been academic ratlmr than
rfn o Th" Jv,,0,, " PD5l
nf r ,ny "Je establishment
of legal principle, j W0U)a say that
the decision will neither help nor
As I understand it. the only result
will he the reversion of the stock In
ho Southern Pacific now held bv tlm
Union Pacific to the original owner "of
this stock. Many of these owners arc
also stockholders In the Southern Pa
cific. Some arc directors In both com
Panlen. The decision cannot affect
lli?m In any way nd they will prob
ably contlnuo to hold stock In both
companies and porhaps will contlnu"
to serve In both directorates.
Tho govcrnin.snt dissolved the
Northern Securities company, a hold
ing company for the purpoee of hold
ing tho stock In the Great Northern
and the Northern Pacific rallroadn, j
parallel and competing linos from SI
Paul lo Pugot sound. Tho stock In
tlmse railroads prior to the merger
wan held largely by tho same indi
viduals. When tho marger was dis
solved tho stock reverted to Its orig
inal owners, who still control the
stock of both railroad. The disso
lution of the merger appears to have
no offect one way or Oio other.
Both tho Southern Pacific and the
Union Pacific railroads will contlnua
In operation as heretofore and there
will be no chango probably that will
affect tho railway situation In any
Way. There Is a possibility of some
change In officials but I do not know
of any that will bo made necessary
by this decision.
The opinion of the court affects only
the control by the Union Pacific of
tho Sunsot Route, which Is the South- .
em Pacific from gulf points to .tho
Pacific coast. Tho Sunset Roulc is
held to bo a competing lino with tho
Southern Pacific from Ogden to the
coast. The fact that thono roads
aro 1000 mllen apart and that sev
eral transcontinental competitive lines
of other railroads Intervene would
Indicate that the decision lhat tho
two Southern Pacific lines wore com
petitive Ik a peculiar construction.
Tho ruling, aa I understand It. per
mits the control of the Central Pa
cific from OKdcn to tho const. This
road was built in connect with Iho
Union Pacific nm whs orlclnallv con
structed and held by a California
corporation. A few yearn ago l Ida
corporation was reorganized as a
Utah corporation. It still owns this
line to the coast, but It Is operated by
Iho Southern Pacific under a long
SUIT WAS FIRST
FILED IN UTAH
The suit against the Union Pacific!
railroad which has just been decjded by
the government was originally broilght
In Utah. Tho government, through
Hiram II. Booth, United States attorney
for the district of Utalu filed a petition
to tho circuit Judges foithc district at
torney, asking them, among other things,
for the dissolution of tho Union Pacific
Tho original action was directed
against the Union Pacific ltallroad com
pany, the Oregon Short Lino Railroad
company, the Oregon Railroad & Navi
gation company, lhc San Pedro. Los
Angeles & Salt Lako Railroad company,
tho Atchison. Topeka, & Santa Fe Rail
road company, the Southern Pacific com
pany, the Northern Pacific Railway com
pany. Great Northern Railway company,
Farmers' Loan & Trust, company. Ed
' ward It Harrlman, Jacob IT. SVhlff. Otto
IT. Ivahn. James Stlllman. Henry IT.
Rogers, Henry C. Frlck and William A.
Clark. Tho original . petition was filed
In Salt Lake February l. 1008, and was
signed by ITlram E. Booth, attorney for
tho United Slates for the district of
Utah; Charles J. Bonaparte, attornev
general of the United States; Milton D.
Purdy, asolslant to the attorney general;
Frank B. Kellogg and C. A. Severance,
special assistants! to the attorney gen
Hearings wore held In various parts
of the United States and testimony
taken before special examiners assigned
to this duty by the department of jus
tice. A great mass of testimony was
taken which was printed In several vol
umes and submitted to tho judges of the
In Salt Lako a hearing was begun on
April 27, 1909, beforo Sylvester G. Wil
liams, special examiner. The govern
ment was represented at this hearing bv
C. A,. Severance, H. "E. Booth, W. M.
McCrca and G. E. Misted. The railroad
companies nnd the other defendants were
represented by R, S. Lovett, W. R.
Kelly, P. L. Williams and Mr. Loomls.
The hearing continued several days, dur
ing which many witnesses were ex
amined, among them W. S. McCarthy,
Stephen H. Babcock, David Ecele?,
Stephen H. Ixve, Joseph A. West, Ken
neth Kerr. Georgo N. Lawrence, Joseph
Oglesby, Fred D. Ulmer, Joseph W.
Summerhays. Thomas Kearns, Charles
D. Moore. W. W. Rlter, J. G. McDonald.
C. B. Murphy, C. C. Goodwin, Orson D.
Romney, Georgo E. Merrill and Frank S.
After all of the evidence was collected
it was submitted to the full bench of
the circuit judges of tho Eighth dis
trict. Arter tho arguments were pre
sented the court handed down two
opinions, the majority opinion being
against tho government In every particu
lar and the minority opinion holding that
the Southern Pacific west or Ogden and
the Sunset Route of the Southern Pa- -ciflc
wero competing lines and could not
legally be both controlled by the Union
The government-appealed from the de
cision of the majority of the circuit
I court to the United States supreme
DECLINE TO TALK
NEW YORK. Dec. 2 Officials of the
Harrlman system manifested no surprise
when informed of the supreme court de
cision today against the Union Pacific
merger, but declined to comment on its
scope or general significance.
Wall street received the decision in
the early afternoon, shortlv alter call
money had risen to 1 per cent, the high
rate of the day. Union Pacific fell two
and a half points to IG9. nnri Sn,,tvi,.r.
Pacific two points to 10S5. Almost at
tho same time Union Pacific preferred
shot up from 002 to 06 J and Southern Pa
cific ;1 per cent bonds was rushed up
The rise in Union Pacific preferred was
said to be based on belief lhat It would
be likely to share equally with the com
mon in any distribution or readjustment
of securities entailed by today's decis
ion. This was a debatable point, and
Harriman representatives refused anv in
formation on the subject.
As for Southern pacific bonds, their
rise was attributed to possible retire
ment at par and Interest should Central
Pacific be taken over by Union Pacific
as intimated in the supremo court's de-'
clslon. Southern Pacific owns all the
common stock of Central Pacific, in con
sideration of which Southern Pacific Is
eraM's" ef)Ual amounl of the collat-
Whllo the Harriman stocks were falling
the balance of the list made ono or two
point declines but the unscttlcmcnt -aK
little more thap temporary, most issues
covering tnc stealer part of their loss
before, the dull close. United States
Steel w-as a conspicuous exception, show
ing more heaviness than any other
The manner in which thc securiticp
of the Union Pacific and Southern Pa
cific roads may be readjusted will call
for a greater degree of legal skill than
was entailed In the dissolution rpault
ng from the Northern Securities decis
ion. Union Pacific owns nractlcallv half.
mavuu a ,urc, OI cOUtllCm Pacific
and tlm latter pw-na outright by stock
ownership all of Central Pacific, which
Is Union Pacifies link between Odo
and the Pacific coast ei"L?n u"UUl
Bankers interested in the Harrlman
properties and other financiers identified
with Important railroad systems were
inclined to regard the supreme court de
cree as a logical outcome of tho North
ern Securities decision. orin
These name Interests point to the
fctandard Oil and American Tobacco cases,
however, as Indicating that "scgrr-KalloTi"
of the Harrlman lines need work iio harm
to holders of the securities involved.
WASHINGTON. Dec. ?.-Senator Works
has prepared for Introduction In the sen
ate of a bill making it a felonv for any
person or corporation to Interfere with
another person or corporation obtaining
financial aid In the organization or car-
I'm0.1' Vn' cr business.
Tlm bill Is based on complaints of tho
Interference of railroads with prospective
rivals by Impairing their credit.
Being Towod Into Port.
VICTORIA, B. C, Dec. L' Cmtafn
Mullor of the ship Llnlthgow. roported
aahoro p. Vancouvor island, wired trov-
hnnfmn,?;,tf,c,,n,8 to6? V,at "hip was
but tititMy damaged. A tug has hr In
tov vm bringing the ship to fequi-
LOWER COURT WILL
(Continued from Pago Ono.)
stock In conformity to the views here
As to the suggestion made at the
oral argument, toy the attorney gen
eral. In response to a query from the
court as to tho naturo of tho decree,
that one might he entered which,
while destroying the unlawful combi
nation, In so far as lhc Union Pacific
secured control of the competing Him
of load extending from New Orleanp
and Galvcoton lo San Franclmro and
Portland, would permit the Union
Pacific to retain the Central Pacific's
connection from Ogden to San Fran
cisco and thereby to control that lino
lo tho coast, thus effecting such a
continuity of the Union Pacific and
Central Pacific from the Missouri river
to San Franclaco, as was contemplated
by tho acta of congress under which
they were continuous, it should bo
said that nothing herein shall bo con
sidered as preventing tlm government
or any party In lut'jresl, If nc desir
ing, from presenting to the court a
Plan for accomplishing tlhr. result or
a.1 preventing tho court from adopting
and giving effect to any such plan so
May Be Receivership.
Any plan or plana shall be pre
sented to the court within throe
months from tho receipt of tho man
date of tills court, failing which, or
upon the rejection by the court of
plana submitted within such tlrtus Urn
court Phall proceed by receivership
and sale. If nuccsj;ary, to dispose of
such ulock in nuch wise as to dls
aolvo Mich unlawful combination.
The government has appealed from
the decree, which Is a general ono
dismissing the bill. So far as con
cerns the attempt to acquire the
Northern Pacific stock and the atock
of the Atchison, T'opeka & Santa Fc
Railway company, afterward aban
doned, and a certain Interest In tho
Fan Pedro, Los Angeles .fc Salt Lako
Railroad company, and other features
of tlm case which' wcro dealt with
and disposed of by the riocrcc und
opinion of the court below. It. Is s.rffi-
rlnnl. without point Into tlirvtn. mill-
tors In detail, to oay as to thorn wc
find no reason to disturb the action
of the court below, but for the rea
.sona slated, the decree, should be re
versed and ono entered in conformity
with tho views heroin expressed, so
far as concerns the acquisition of the
Southorn Pacific stock.
Reversed, In part, the circuit court
tn retain Its Jurisdiction lo sec the
decree above outllnod 1b mado ef
fectual. Commenting on the case. Attorney Gen
eral Wickcrsnam said today:
The decision in the Union Pacific
ca3o merely oxtends the principles
of th Northern Socurltina case to
tho Union Paelflc-Southcm Pacific
mergor. and decides that the un
1 tinned holding by tho Union Pacific
of its slockln tho Southern Pacific
t Is In violation of the Sherman law.
Cannot Vote the Stock.
The case is remanded to the lower
court to enable the parties to work
out within three months. If possible,
a plan of reorganisation.
In the meantime Union Pacific Is
enjoined frfm voting tho stock of the
Southern lcific or from collecting
any dividends on It. Dlvidcndo de
clared beforo final decree aro re
quired to be paid to a receiver to be
appointed for thom and held subject
to the final order of the coun.
Tho defendants arc also enjoined
from disposing of the stock In such
wise as to continue the control of
the Union Pacific Interests over It.
The opinion also states that noth
ing contained in it is to be taken
to prevent the reorganization being
so molded as to secure to the Union
Pacific the line from Ogden to San
Francisco now owned by the Central
Pacific and leased to the Southern
Tho principles laid down In the
Standard Oil case and in the St. Louis
Terminal association case are reaffirmed.
Professor A. A. Knowlton, chairman of
the University of Utah credits committee,
received the official withdrawal yesterday
of the three social fraternities from com
petition for tlm fraternity scholarship cup.
The three fraternities arc tho Alpha PI. I
Sigma Chi and Amlcl Fidltssimc. Last
year the faculty of the university offered
a silver loving cup to tho fraternity
which, at the end of the year, should
have maintained tho highest average
scholarship. At that time the three
above-named societies objected to the
Kappa PI Alpha, which Is a medical fra
ternity, being In the competition, as the
modlcal fraternity is essentially a schol
arship fraternity and plainly, It is con
tended, has an advaptage over a social
The purpose of the faculty in offering
tnc cup. as expressed by Proiessor
Knowlton. was to stimulate fraternity
men to do hotter achool work. 'He said
that at a fraternity house there Is a big
tendency towards loafing and that l
some Incentive to better school work were
offered that the upper classmen In the
fraternity might help the lower class
men. This was all well and good, as far
as It went, the fraternity mefi sa.ld. but
in view of the fact that the medical fra
ternity supports no fraternity house and
that underclassmen are not eligible to
membership, the social clube decided that
they wero working under a disadvantage
and appealed to the credits committee to
the effect, that the medics bo loft out of
tho competition for the following vCar,
although no complaint was made because
the medics won this year,
The credltB committee refused to com
ply with the demand, on the ground that
tlm medical fraternity wac escontiallv no
different from the others. Then, as there,
wan no other way of getting away from
the medlce, the three other contestants
JUDGE W. M. MORROW
WILL SOON RESIGN
SAN FRANCISCO. Dec. 'J. Judge Wil
liam M. Morrow, of the United States
circuit court of appeals, announced to
day that he will retire from the bench
on his 70th birthday next July,
During twenty-two years of service on
the bench Judge Morrow has held court
in California .Oregon, Washington. Ne
vada. Idaho, Montana, the Hawaiian Is
Alaska. When Arizona was
admitted to the union ho established tho
IjnJtcd Stales district court there. TTr"
came to California in 1S9.
MOURNERS AT GRAVE
JOHANNESBURG. South Arrip rw
:.-Llghtnlng atruck down Fe?'en ?ee
mourners while they were Ftanjln- at
a gravccldo In Gcrmiston. In Khodeela
today. Ono of them waa killed n$ five
other wcro so severely injured that tholr
lives aro despaired of. 0
' , i
Sentenco Approved. '
CHARLESTON. W, Va Dec .-fv
crnor Glascock today approval thT s,V
Splnello and "Nowt" Gurmi iS,..?l?c,f
fJf n the marUaTkwCd" Sgg
UnCtIa BWcn nVo yeal'B the p
CHARGE OF JUDGE
IS AGAINST SNEAD
Defendant Is Downcast as
the Jury Retires to Delib
erate Upon Verdict.
rty International News Service.
FOItT WORTH. Tex., Dec. 2. The jury
which took the case of John Boal Simad.
charged wllh murdering Captain A. G.
Boycc. at r,:20 o'clock this afternoon, re
tired at 10 o'clock tonight, after arguing
tho case for three hours without, reaching
a verdict. Tho jury decided to havo din
ner beforo beginning consideration of tho
evidence, so it was 7 o'clock before they
finally got down to work.
Senator Hanger, In closing for the stale,
soveroly denounced Snoad. Lenora Sncad.
the dcfcndant'3 daughter, waa In court.
as was Mrs. A. G. Boycc, wife of the
murdered man. Both women were in
tears the greater "part of In attornoon.
Sncad himself sat with bowed head and,
aside from a frequent twitching of tho
mouth, his face showed no emotion.
Judgo Swnypc's charge to lhc Jury wa:(
short and was against Sncad. He prac
tically Instructed tho jury to bring In a
verdict of murder cither in tho first or
second degrwe. No aclf-dcfcnsc could ho
considered, he said, as the evidence did
not show that Boyco insulted Sncad before
the shot was flrcd.
Lena Sncad, wife of tho accused man,
and whoso elopement with younsr Boycc
lrd to tho murder for which Sncad Is on
trial, as well aa young Boycc's murder
some months later, la In Fort Worth under
nn assumed name. She came here to
comfort the two Sncad children, Lt-uuia.
mid Georgia. Sho spent most of today
at tho courthouse, being allowed to occupy
a. room adjoining Judge Swaync's, where
the two children were brought to her at
Snead spent the evening with his coun
cel at his hotel. Ho was decidedly dowiv
caat wh! Jo awaiting word from the Jury
room. Much evidence given in his ravor
at the previous trial was excluded at this
USE MONEY TO KILL
SOUTH DAKOTA BILL
(Continued from Pago One.)
in handling tho McCormlcJc make
B A. McAlcor of Oklahoma City, an
other witness who said ho had been in
the Implement business sixteen years,
testified that after 1002 the threat to de
prive dealers who had been handling the
International Harvoatcr machinery of
their agency was used as a club to force
them to accept the agency of tillage tools
and' other implements.
Although not subopenaed as a wit
ness, John W. Bowler, former warden of
the South Dakota penitentiary, appeared
In tho room today during tho hearing "to
protect his interests," he said. Ho ad
mitted having received ?S00 from Lamb,
but said that the money, with $50 re
ceived from the Retail Implement Deal
ers association, was expendod In paying
the expenses of the association's legisla
tive commlttoo, of which ho said ho was
a member. Government counsel said he
would not be put on the stand for the
JOHN HAYS HAMMOND
WASHINGTON, Dec. 2. In a deci
siou by the court of appeals of the Dis
trict of Golunibia today, it was held
that John Hays Hammond, the mining
engineer, was not liable for the $1,600,
000 subscription of tho preferred stock
of tho General Cotton Socurities com
pany as alleged by Daniel J. Sully, for
mer "cotton lciuff," but that the obli
gation was personal to Sully himself.
The court held that John P. Miller,
j the original owner of the General
i Cotton Securities company and now a
resident of New York, is a necessary
party to the proceedings and must be
served before the c c'nn go further.
The caso was remanded to the lower
court with the provision that, if ser
vice is not had on Miller within a rea
sonable time, the suit is to be dismissed.
The court hold that it had no jurisdic
tion over the management of' tho se
curities company, which is a Delaware
I DISTRICT ATTORNEY
i DISMISSES CHARGES
VALDE5J, Alaska, Dec, 2. The Indict
ments against Falcon Joslln and E L.
Webster. Seattle capitalists, accused of
publishing a false report concerning the
condition of the Washington -Alaskan bank
of Washington, of which they were offi
cers prior to Its merger with tho Fair
banks Banking company to form the
aslilngton-Alaskan Bank of Nevada of
Fairbanks. Alaska. In 1010. wore dis
The 'district attorney, who moved the
dismissal, said the evidence was Insuffi
cient to obtain a conviction. United
Mates District Judgo Lyons will rule
tomorrow on a. demurrer to a similar
Indictment against W. H. Parsons and
i i-iB- Bar0,Jr- Thc cas ngalnst El
brlrigo J. Barnettc. who was preslUent
of the bank when It suspended wM 1 be
taken up after ruling Is made on th.i
DROPS DEAD WHILE !
ON HIS ROAD HOME
WYTHEVILLE, Va., Dec nnH
the trial Here today o ' Sldn "li"?
leader of the Mlllsvllle gunmen. W C
Libert of Luray. Va,. who had hecn'ac-
reptcd as a juror, but later ec isnri
cause of Illness, dropped dead n? ! ,',
depot from apoplexy Just as he w Is
about to board a train to return home
"When court adjourned for tho da v tho
jury box had h(!cn mkdr . o
JlSSW l,?lre!neCsL t$b$'
IZ Vrfa,"110 t0"' A?JcenSt,CBcce
&?Bd2Ses' doI,s , do M i
amimids of aproDs and fancy article
homo made caadies, miuco meat c?
and plum puddings'. A beSrK
of home made rag rugs. -ttll,llux J1,le
on 'iSo Chaa(1r has moved his
office to 012 new Walker Bank build" f
6' (Advortisonionl.) L
URGED HIS FRIES
Letters Written by jfe
Hawthorne - Identified
Men Who Invested,!
EW YORK, Dec. 2witn,jl,- D
several states today Identified J'
tho "personal letters" which JitltaK "
thornc wrote urging them t0 uMl .
the Cobalt mining propcrtlce, forSp!
lesed promotion of which thronMr
mails, Hawthorne, Josiah .QuIncySjtjjL1
ton and others are on trial on
George M. Walker of InrllanaiBil f
titled that he bought $0 wSSMBt
In rcsponoo to somo of ll.in." JBf
ten?. In one of which ITawthorn iB
"Of course I n.isumc a certirwil
responsibility in urging you KftBS
In another ho wrnin? '.S
"La Rose and other Cobalt nM
paying 12 per cent, but wo havvB
such properties In our TemJ IMT
Ono tiling my friends may h.
Is that I am not tied up in a sifiMtf1'
blng scheme." ,.
Julius Xclls. a lumberman ItaMM"
lil,if'I,nP" wn? 831,1 he was tern Il
of 10,000 sharea In tho HawtlioSlMiJi
Sz Iron Mines company and noma tjMp1
Cobalt mlnea atock as well, nnvtiKfefr
letter from Hawthorne which bm?
"Wc already have sold J60 00flH'
and could sell from 2.000,000 ta Wit
between now and Christmas, hnl,
told you only r.00,000 shares wM
I want to make It clear that I mmht
a promoter. You need have no txirli
the management." t"mj9&i
John B. Collinu, a retired coiwjiii
of thc United States navy, waaW
witness who identified a letter ironStf;lJ'
thornc. but said he did not aubjeMy
tho stock offered him, Kj
(Continued from g8gj3Bffl
eral times during Ills cpccchbfJjKW
"Hear! Hoar!" apd there WvPf
of dignified applause when H
Governor Wilson afterwards uiflfc
"Of course. It would be !nipBKC
to discuss tho tariff annuallyBEj
United States. Tho sccdulcs nratiflu t
Returning home. MY. Wilson ftowMtii
Tlcyl's apothecary shop and satSkciii:
ancient armchair in which FrtSptfu
Hays and Cleveland had sat THjflH
dent-elect then visited the AmericBjk tc
sulate. registered, chatted a wttjHP?
Vice Consul Allen inspected tli'.
trails of Admirals Schley and
and told stories, Including one ''Kjj
"War la rude and impolltt, Jrt
It quite upsets a nation, -(g?.
It has made several weeks of filHS
And years of convcrsaUoa."Eitj
During the morning Mrs. WPaM'!
tho daughters administered uttEjjf;
ointments and plasters tp Mrs. fSfch
young bride who had Injured JBfetHr5
in falling from a bicycle In frtntMniti
Wilson cottage at Glen Cove.
SANTA CLAUS MAIL' fiff
NEW YOBK. Dec. 3. HaJ
Santa' Claus is already piling up icier
postoffice here, over 10(3 leltcril hai
character leaving been received; (n."
Sast two weeks. The first to.' iiiAi
ore the inscription t!Santia. train'.
Heaven. New York." Other''
sought Santa at Coney Island i jc
was strangely addressed "Sutnj lim
All tho letters addressed". ;T1J"
mythical patron of childhood'i: i jjf
mas are to bo forwarded to W
ton for disposition.
GIVEN HEAVY FINEMES
AND JAIL SEN
KANSAS CITY. Dec. 2. Dr. VlSBbTiT
Studor of Kansas City. arrMtM.Ml""'
recent nation-wide purity cmdLjM.?I(j
government, pleaded guilty in .oPft'i'l
eral court in Kansas City KSJWfto
afternoon to sending forbidden :Hm ii:
through thc malls, and was hm5"
to four months in Jail and flndM- .
Studer was tho only Kansw CllyJ, Aay1
tltloner caught In the raid. . 'Wtifts
W. J. Wolstenholme, Managing. m
Arthur McFarlane, Secrattrfljfc
AGENTS TOB MVt",
SING. HIAWATHA. BLA0KHH
Phonea, Waaatch 719. Office. 73
Blue Wagons Bring BeKcfifJ'
at $3:00 fl
We consider the SKST,1
ton Hat, at $3.00, ttft T
the most generous cn ;,,,
tribution of qualifcfc
for price, to be fowjw;.
in styledom. Yourfii!(;j
and shape, of courii4