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' W M THUNDER STORMS TONIGHT OR TUESDAY. - FEARLESS. INDEPENDENT, PROGRESSIVE NEWSPAPER. 1 N-133-Prl" Fl" n OGDEN CITY, UTAH, MONDAY EVENING, JUNE j 1913. , ,h, p..,,, RITE USE DECIDED Supreme Court Holds That Rates Are Un constitutional Min nesota Wins a Big Victory Opinion by Justice Hughes I. Holds Congress' Pow er Extends Over Every Part of Commerce Washington, June 9. The state of Minnesota won a substantial victory in the supreme court today, when, In the Minnesota state rate case. Justice B Hughes for the court, held that the rates ofr the Minneapolis and St Louis railroad were confiscatory and unconstitutional but that the rates oi the Northern Pacific and Great Northern were valid. The decision was a victory for the state on the interstate commerce phases of the controversy and upon the confiscatory features with the ex ception of the portion affecting the Minneapolis and St Louis, Ju6tlc Hughes said: "One The constitution gives con gress an authority at all limes ade quate to secure the freedom of in terstate commercial intercourse from ftate control and to provide effective regulation of that Intercourse as the national interest may demand "Two The commerce that i6 con fined within one state and does not affect other states, is reserved to the etate This reservation Is only of tha j power which is consistent with the grant to congress. The authority of congress extends to every part of In - ' terstate commerce and to every In-j fetrumentallty or agency by which P Is carried on; and the full control by congress over the subjects committed to its regulation is not to be denied or I thwarted by the Intermingling of in terstate and Intrastate operations. i "Three Een without action by I congress, the commerce clause of the constitution necessarily excludes the states from direct control of subjects embraced within the clause w hich are of such nature, that , If regulated at all, their regulation should be pre scribed by a single authority There is thus secured the essential immun ity of interstate intercourse from the imposition by the states of direct burdens and restraints "Four But there remains to the states the exercise of the power ap propriate to their territorial Jurledlc t'on in making suitable provision for, local needs The state may provide: lecal improvements, create ami regu late local facilities and adopt protec- ' tlve measures of a reasonable char acter in the Interest of the health safety, morals aud welfare of Hb peo pie, although Interstate commerce ina incidentally or Indirectly be Involved Where matters falling within the state J' power, as above described, are also ; by reason of their relation to inter- j state commerce, within the reach of the federal power, congress must be I the Judge of the necessity of federal action and until congress acts the state may act The paramount au thority of congress enables It to In- ' tervene at Is discretion for the com plete and effective government of that which has been committed to Its care and for this purpose and to this ex tent In response to a conviction of national need to displace local laws by substituting laws of its own live State regulation of railroad ti .'S began with railroad transporta tion. Tho authority of the slate to prescribe what shall be reasonable charges on Intrastate transportation is state wide, unless it be limited bv I the exertion of the constitutional power of congress with respect to , interstate commerce nad its lnstru- ments. As a power appropriate to the territorial Jurisdiction of the state. It Is not confined to a part of the I state, but extends throughout the state Y to its cities adjacent to its bountl ' arles, as well as to those in the In terior of the state If this authority of the state be restricted it must be by virtue of the actual exercise of federal control and not by reasou W merely of a dormant federal power, jnl that is one which has not been ex pM ertel. "Six Congress In acts to regulate fl,lj commerce expressly provided that the provisions of the act should not cx r4 tnd to transportation 'wholly within one state,' having rogard to the terms 0 of the federal statute, tho familiar l t range of state action at the time it nfH whs enacted exercise of state autbor l)M Ity in the same manner and to the pi same extent after its enactment, tho 4 decisions of this court recognizing f and upholding this authority the court finds no foundation for the proposition i hat the ait to regulate commerce contemplated in interference with the authority of the state to prescribe reasonable rates for tho exclusively I Internal traffic throughout the extent B of its territory. Neither by the original act nor by pw its amendment 1ms congrest f-ought Hits to establish a unified control over In L; terstate and intrastate rates, it has M not set up a standard for Intrastate nitos or prescribed or authorized the ln federal comiiilst-lon to preberibc, elth or maximum or minimum rates for j5 Intrastate traffic. The fixing of rea tlfl sonable rates for Intrastate transpor fliW latlon was lefr by the act where It I had been found, that Is. with the 5 states and the agencies created by the 14 1 states to deal with that subject. "Seven. Under the established principles governing state action, Min nesota did not transom! the limits of Its authortn in prescribing the rates here involved assuming them to be reasonable state rates. It exercised an authority appropriate to its territorial jurisdiction and not opposed to any action thus far taken bv congress Eighth The Inlcrblending of oper ations in the conduct of interstate and local business bv Interstate car riers and the exigencies that are said to arise with respect to the mainte nance of interstate rates by reason of their relation to intrastate rates, are considerations for the practical judg- ment of congress If ihe situation ha j become such that adequate regula- tion of interstate rates cannot be i maintained without Imposing require ments with respect to such Intrastate) rates of interstate carriers as sub stantially affect Interstate rates u l for congress to determine within the limits of its constitutional authority! over Interstate commerce and lis in struments, the measure of the regula tion it should supply. It is the function of the court to interpret and apply the law already enacted, but not, under the guise of construction to provide a more com parative scheme of regulation than congress has decided upon Nor in the absence of federal action may ef fect be denied to the laws of the state enacted within the field which it Is I entitled to occupy until its authority is limited through the exertion by con gress of 1 1 8 paramount constitutional power "Nine: On the issue of confiscation The rate-making power is a legislative power and necessarily Implies B ranee of legislative discretion The court does not sit as a board of review to I substitute its judgment for that legis lature or of the commission lawfully constituted by It. as to matters with in the province of either. "The question Is whether in pre scribing a general schedule of rates involving the profitableness of the In trastate operations of tho carrier, ta ken as a whole, the state has super seded the constitutional limit by ma! -lug the rates confiscatory The prop erty of the railroad corporation has been devoted to a public use Hut th state has not seen fit to undertake the ser Ice Itself and the private property embarked In it is not placed at the mercy of capital it rests secure un der the constitutional protection w hich extends not merelj to the title, bul to the right to receive just eompensn tlon for the services given to the pub lie Concluding his opinion. Justice HQghes said "Tenth lu the cases of the North ern Pacific and Great Northern com panies, on the examination of esti mates of value and mefhodH oi" appor tionment, it is concluded that the proof Is Insufficient i Justify :i find ing that the rates were confiscatory nd the decrees are reversed with In structions to dismiss the bill in each case without prejudice." "Eleventh In the case of the Min neapolis and St. Louis Railroad' corn pan) it is fouud, in view of the spe cial facts appearing that the margin of error In the estimates and caicu lations was not sufficient to affei I the result. The decree in thnt ca.se ad judging the rates to be confiscatory Is therefore affirmed with the modi fication that the members of the rail road and warehouse commission and tho attorney general of the state may apply to the courl by bill or otherwise as they may be advised to a further order or decree whenever It shall ap pear that by reason of a change In circumstances the rates fixed l the Biates acts and orders are sufficient to yield to this company reasonable compensation for the services ren dered." no OFFENSIVE OFFICIALS Honolulu, June 9 Resolutions adopted ai a Japanese maas meeting held here last night ask the removal of United States Federal Immigration officials stationed hero, accusing them of unfairness and unner-essarv , harshness In their dealings with Jap. anese returning from visits to Japan ! The treatment accorded, the resolu- tions declare, is such that It is not safe for Japanese to visit their home : country If they hopet to return to this port It is sot forth also that -Japanese women arriving have boon In suited by unwarranted and Offensive remarks alleged to have been made J by officials of the Immigration station. OCT MILITANTS ON TRIAL London. June 9. The trial ol the suffragette leaders charged with con spiracy under the malicious damage to property act began today at the central criminal court. Old Baile. The accused Include Miss Herrlct Kerr, Miss Agnes Lake, Miss Rat haol Barrett, Mrs. Beatrice Saunders. Miss Annie Kenney Miss Laura Lc-nnox and Edwin Clayton, the chemist, al- I leged to have acted as adviser to tho suffragettes in their campaign. "General" Mrs. Flora Drummond, 'who was originally charged with tie other prisoners, did not appear, her case having been postponed owing to her illness There was a big array of counsel Sir John A. Simon, the solicitor gen oral, was the leading barrister on I behalf of the government. HERE COMES THE BRIDE. j SUTHERLAND AND LOBBY Utah's Junior Senator Tells of His Interest in Sugar Has Never Known of A n y At tempt to Improperly Influence Legislation Washington. June 0 The Senate's lobby hunt plunged Into its second week today Less than a dozen sen ators remained io be examined be , fore the committee took up another trail and began calling a score or I more of men mentioned in the testl I mony of senators as being ou one side or the other of the free sugar fight, or of being attorneys for spe , cial representatives In Washington President Wilson told callers to- day he expected the lobby lnvesti I gatiou to have benefieial results through the publicity given to the conditions surrounding the making of the tariff bill When asked his opin ion of the charge made by Senator Townsend as to his own Influence with reference to legislation, the president replied it needs no com ment. Senator Sutherland, the first wit I ness told the committee he owned L'imi shares in the I'tah-ldaho Sugar Company worth ?7 B6 a share, and 50 j shares in the Amalgamated Sugar company, worth (100 a share He hail no Interest In wool, hut declared he ' had voted and would vote for t reas-1 ! enable duty n sugar and wool. An' other course on his part, he said, would he nothing more than ' hypo- i critical affection." In a long service in the house and 1 I senate. " he added. "J have never know n any member of either body to j J be Improperly influenced cm any leg j lalafJon nor have I known of any at- I (tempt on the part of an v one to ex-1 , ert Improper influence " No Connections With Sugar. Senator Reed said he had no per-1 sonal connections affected by the I tariff and had talked reduction to all his brother senators whenever DOSSl ble He did not know any lobbyist, at least in a way to associate names and faces, had no! been subject to any attempts at Influence; ind kn. n nothing of any use of money Improp erly, but was certain however, thai ;i new system f attempting to iiiii ence legislation had risen In this coun try, lie illustrated by telling the com mittee about telegrams rrom horse j and mule dealers In St. Ix)uis, say-1 lng: "Please vote for a duty on sugar; It is very necessary to preserve the mule Industry of Missouri " ' It Is plain to me that sugar plant ers were seeking to influence the men from whom they bought mul is said lie Judging from these clrcum stances and others 1 believe there is a system growing up by which it tempts are made to reach representa tives or senators by Indirect methods It begins through business connec tlous and finally they find somone in the district of n representative and through hi'" make an appeal to local citizens and have them send letters or telegrams appealing In behalf of the people Ol the Mate. s a matter of fact, It Is an appeal from the pH(J. pie. but :t selfish appeal I don't think this has been confined to tariff egs. latlon I think a strong effort Is be Ine made hero to nffeet the passage of tho tariff bill or effect a modlfka y tion of It. How strong it is. I don't know ' 'How many senators of the seventy I you have beard testify here do you j think have been improperly Influ enced?" asked Senator Nelson. I "None " Senators Have Been Immune 'You think senators have so far been Immune from the serious infec tion of the lobby .'" I think thnt ror many years the majority In congress may have been Influenced by argument put forth by elfl li interests and that manj en ators have been influenced by them That was when the lobby flourished I In Washington like a 'green bavj I lr'?e " ; The country doesn't need any pro ' fesnlonal lobbyists, " he said. "1 do I believe In free speech. I believe In the right of a litignnt who comes him- self or sends his attorney and makt s bis showing and then goes home and! does not stay and try to get private conferences with members of the court. It is a very unpleasant thing when congress Is In session that in terests Bend representatives to the capital, open headquarters. employ : clerks and fasten themselves here I like barnacles. Lobbying is the busi j ness of changing votes. The men who come here all want lo get something by virtue of law or maintain some advantage they have got. Senator Daukhead said he had serv ed ji; years in congress, had heard oil lobbies, but never saw one He dtdn I agree thai running headquarters here to influence legislation was to be con- ; deraued Senator Walsh said he had small ln i r. -ts in coal, copper and zinc mines. call farms and citrus iruit lands in florida Montana, he said, was vitally Interested In the tariff on sugar and wool We expected a great reduction." bo said a vc-rv substantial one on wool and sugar, but we did confi dently expect them to carry a revenue duty." When the last senator had testified it was predicted ai the capltol that the report of the iuvestigators would substantially uphold President Wil son's declaration thnt powerful In- : I , ii o.; have i.c en n i worl In Wash ington, attempting to affect congressi on the tariff bill Whether It will be shown that In sidious'' methods have been us-ed. or that Improper Influences have been exerted upon senators will depend i on the evidence of the next few davs. when the committee examines a score or more of men who have called on senators' or directed publicity com paigns, The committee undoubtedlv will recommend restrictive legislation of a strong character It will attempt to draw a clear distinction, however, between an organized campaign to change public oplniou or Influence senators against their judgment and the legitimate presentation by offi cers or representatives of industrial concerns affected by legislation. VETERANS MAKE GIFT Indianapolis, Ind June 0 For the first time the stars and bars of the .southern confederacy decked the stale capltol of Indiana today vl , n a bronze bust of Col. Richard Dale Owen, commandant at Camp Morton near Indianapolis In 1862, the ,"ift to the state of confederate soldiers who were t'ul Owen's prisoners, was un veiled Although the feelings of war days have mellowed with time, it Is probably the first time that confeder ate soldiers have so honored a Union soldier. TO DISSOLVE KODAK TRUST Government Files Suit Against the Eastman Company for Monop olizing the Trade in Photographic Sup plies Concern's Pres ident Says Conditions Will Be Adjusted Buffalo, N" Y., June 9. Dissolution of the so called 1 Bastman Kodnk trust" was asked in a civil suit filed here today by order of Attorney Gen oral McReynolds. The federal gov eminent seeks the dissolution by re ceivership If necessary, of the East man Kodak Com pan J of New Jersey and the Bastman Kodak company of New York, which are charged with monopolising the trade in photograph" It supplies. It Is the aim of the government to obtain a division of the assets and business of tho two companies, con trolling 71' per cent of the business in the United State?, into such parts as will destroy the alleged monopoly and restore competition. The petition in equity nsks for an injunction forbid dlnc the fixing of re-sale prices ur cameras, films and other patented photographic supplies. This mark! the attorne) generals first application of the recent derision of the United States Bupreme court de nying patentees the right to fix re sale prices of retailers. Following are named as defendants. Bastman Kodak company of New Jersey Bastman Kodak companv of New York George Eastman, Henry Strong Waller S Huhbell and Frank S N -ble ill of Rochester. N I The bill filed by United States At torney O'Brien Is the result of an extensive Investigation of the "trust' ! by James A Fowler assistant lo the '. attorney general, and Clark MoKer J cher. special assistant attorney gen eral. Mr McKercher is in Immediate charge of the suit. The alleged monopol has been 8C complished. the petition declares, by ' the- Ka6tman companies absorbing or J acquiring control of a great number of competitors in the United States ami foreign countries Complaint is made that retail or htock houses owned h the Eastman companies, are conducting under tho I names of the original owners as com petitors of the "trust." Unfair competition is charged through the alleged practice of the Kastman companies In marketing through one of its competitors, tho defendant company (Rochester), a certain film as If It were the product of an independent, suppressing the fact that it is made by the combina tion The Eastman company of New Jer sey, " holding Company, has an au thorized capital of $85,000,000, of which 126,000,000 has boon Issued The Bastman Kodak companv of New York, the operating company of the combination. Is a $5.000,00nn for man ufacturing and marketing photograph ic supplies. Will Adjuat the Conditions Rochester, N. Y.. June 9, The Fast man Kodak company will adjust its methods of doing business to meet 1 the charges preferred against the company In the government's disso- lntion suit, filed today at Buffalo George Eastman, president of the company, so announced here on re ceipt of the news that suit had been begun. Mr Eastman Indicated, how ever, that tho company would refuse to dissolve. "While in the formal part of the petition filed by the government there is a prayer for dissolution, as Is usual. I am informed, In all such cases," said Mr Eastman, "It Is believed that full compliance with the main specific de I mands for changes of trade methods I freely offered by this company will successfully meet all criticism and satisfy the trade at large and the government "Aside from the economic princi ples which would be violated by such dissolution It can clearly be shown that if the United States is to keep its lead In the photographic art which It has maintained for the last twent years and meet compe tition In the markets of the world, the co-ordination of the manufacture of films, plates, papers and cameras must be continued. No concern that is unable to furnish products In all of these lines, adapted one to the other, can hop to compete with the great foreign manufacturers who are straining every effort In similar di rections In compliance with the govern ments petition, th e company accord ing to Mr Eastman, intends hereafter to operate its various retail stock houses under Its own name and add Its name to their stationery and ad vertising matter It will also put its name upon Its stencil goods and abandon Its "exclusive sales polh "One of the main points of this policy (respecting dealers in our pat ented goods handling no other similar goods) has been to prevent the sub stitution of goods that are inferior to ours to unsuspecting customers, said Mr. Eastman. "However, desir ing to avoid a long aiid expensive litigation the waste of time of our most Important men and the unset tling of normal business conditions, we are willing to meet the wishes of the government, even on this point " rtrt BATTLEFIELD MAP READY I U. S. Geological Sur vey Completes Plat Showing Gettysburg and Vicinity Where Battle Was Fought Together With Routes of Various Generals Washington, Judc 9. In recognition I of the coming greal eeb-bratiun m the battlefield of Gettysburg, the United I States geological survey announced today that it had produced a map of the battlefield which it was prepared to sell to the public at half price The com esslou, it Is announced, was made by especial authority granted by Sec retary Lane of the Interior depart ment. The map shows the territory, about 1 1 925 square miles, over which the fed eral and confederate legions fought. 1 It is based on the scale of one mile ! to tne Inch and the routes taken by ; Generals Lee Hooker, Meade Pick ett and other leaders are plainly show n oo TO WELCOME BRAZILIAN Dr. Lauro Muller Comes to Repay the Visit of Secretary Root to South America Will Be Tendered a Reception by Presi dent Wilson Washington. June 'J. Senator I oot. Major General Wood chief of staff of the army, Dudley Field Malone, as sistant secretary' of stale, and u dis tinguished party of officials left here today on the government's yachts Mayflower, Sylph and Dolphin, for Hampton Roads to gree Dr Lauro Muller, Brazilian minister of foreign affairs who lands there tomorrow I The Brazilian minister comes to re I pay tho visit of Mr Root to South America when he waa secretary of state An elaborate program of offi cial functions have boon arranged for the distinguished gnest while he Is in this country The official party from Washington Is expected to arrive In Hampton Roads tomorrow when a convov of American warships, the battleships Florida and Arkansas and the destroy ers Beale, Perkins and Walkc will steam out to sea to meet the Brazili an warship, Mlnas Geraes, on which tho Brazilian minister comes. A round of ceremonies will attend bis landing. After being received by Secretary' Bryan and inspecting Fort Monroe, the party will leave for Wash ington tomorrow night Wednesday Senor Muller will be received by l'res idenf. Wilson, who will give a reception In his honor. Sugar. New York Juno 9 Raw s.igar Steady Muscovado, f 2.8002.83 ; cen trifugal. $3,8008.83; molasses fl'.r.f. P2.58; refined, steadv Crushed. $(.9.".. fine granulated, t jr.; pow dered, f i 3Cr. SHIP AFIRE IN MID-SEA Munson Line Freight er Is Believed to Be Making a Run to Charleston, S. C. Be fore Flames Complete ly Destroy Her Car ries About Sixty Per sons New York, June 0 No further ad vices had been received here this morning regarding the steamship Olinda. of the Munson line, reported afire at sea. preumablj somewhere off the coast of Georgia In the absence of details, officials of the Munson line believed that the Olinda might bead for Charleston, . C.i and that she would probably at rise there tomorrow morning The Ollndo. primarily a freighter, had aboard a crew of fifty one and six passengers, four of whom are Co bans. Names of the passengers were withhold, pending receipt of more def inite news from the vessel. Little apprehension is felt here re garding the Olinda s safety. If th fire Is confined to No. 1 hold them is but a slight prospect of real dan ger, officials of the line believe, as the eargo in N'o 1 is brick. uu BOY SCOUTS HAVE ENJOYABLE TIME Saturday morning the sixty or more boy scouts of the Mutual Improve ment Association of the wards of the Ogden Stake made a splendid show ing as they marched to the Bamber ger depot and departed for Salt Yake I where they spent the day at Wan da -, mere w ith some of their scout friends in the caput city, returning home at 2 p. m.. Sunday In Salt Lake the lads attracted a ''nod deal of attention as they march, ed behind their standard bearer, carrying the American flag to their camping grounds Their trip was a pleasant one and Captain Wright, who I had charge of the boys, states that I everything moved along smoothly and I that there w ere no CAses of illness or injury. The followln bovs took part in the hike: EIGHTH W A R D H y ni m Worseth. Leslie Taylor, Oalss Sinuin. Blair Burke, alberl Burke, Raymond Lund, Raymond Griffin. Henry' Hanfen. James Krubosch, Flyod Rex, Gevard Farley, ixirl.in Morseth Bernard Hrostrom. Donald Mohlnian Frank Purdie, AH. ert E, Wilfong Win. Man- ping. ! SEVENTH WARD Howard Wil son. Asael Farr, Dexter Farr. David Isackson. Alvin Isackson, Edward Watklna Ir Chester Nelson. Dexter Farr Glen Parley, Dale Fan-. Joseph Jeppson SIXTH WARD Louis Scovllle. Seryle Clark) Bryan Wright, Paul Wricht, Carl Frocrcr David Froerer. Glen Maw, James i Ischman, Flyod Pickett Earl Wardlclgh, Wm. S Wright. FOURTH WARD Horace Strat ford. Edwin Stratford. Carl Stratford, r. . d Henderson, Elvin Wilson, Wil ford Harris Edle Johnson. llfoid Smeedlng Henry DeHaw, Arril Lam ar eaux. NORTH OGDEN Orzon Marshall. Orson Reynolds, loseph Smith, lames Shaw. Charles Morse.. Alto Barker. Ray Daniels, Jewey Holmes. Ray Barrett. Joseph Folkman. LIBERTY W H. Oram. Harry Montgomery Chnrles Rhodes. Ste phen (.'hard Marceliis Chard. Angus Brown, Harrj Mrunker. Leo Ward, Thomas Ward Henry Brown. Hyruin Brown and Robert Holmes HUNTSVULE - Ruland Woods, Clyde Hall, Henry Burrows. James Q. McKay. oo TODAY'S GMS I Red Sox B;at Naps. Boston. June It. ( American, i H R. H Cleveland 1 s Boston 4 7 Batteries Kalkenberg, Mitchell HI and Carisch; Bedlenl and Carrigan Dodgers Beat Pirates. Pittsburg. June 9. (National I It H. E B Brooklyn 10 17 Pittsburg 7 10 0 M Batteries Ragan. Curtis. Ylng I ling and O Miller, Erwin; Robinson. Adams and Simon. Athletics Take Game Philadelphia, June 9. (American i R. H E H St. Louis 0 8 Philadelphia 5 11 1 Butteries Hamilton aud Agnew; Bender and Schang. New York 4, Chicago 1. New York, June 9 (American R H E. Chicago 1 8 2 H New York 4 8 2 B Batteries Clcotte, Lauge. White and Schalk Ford nnd Sweeney New York 11. Chloago 3. Chicago June 9 (National I ) It H E New York 11 13 1 Chicago 3 9 I Hj Batteries Mathewsou. Wiltse and Myers, Hartley; overall. Richie. Del Held, lavender and Archer. (Additional Sports on l'agc Two.) Hu