Newspaper Page Text
J 4 .... ..
FIFTY-SEVENTH YEAR. XO. 232.
THE ARGUS. WEDNESDAY. J UL Y 15. 1908. TEN PAGES.
PRICE TWO CENTS.
EXGIlAfJGE OF TRANSPORTATION
ILLINOIS MAN'S SPEECH MAKES llltt
THE PRESIDENTIAL VACATION
tnn hmfPRTiQiNn unn iiierai
"- CR TMAT-
THE TOABLE PRESIDENTIAL
NOMINEE OF PROHIBITIONISTS
I Wll IlU Vlall I lUlllw III.I.LI ILLkUHL
IN UNITED STATES CIRCUIT COURT
miimWvFTiiMi4fe':Tltt-.. CR "THAT: ;
, .1' M
Jt dge Kohlsaat at Chicago De
cides Case Brought by
. the Government.
DEFENSE IS RULED OUT
Impossibility of Fixing Stand
ard of Value is Held the
Vital Point. -
Chicago, July 15. "If it be lawful
to make exchange of railroad trans
portation for advertising then it would
be lawful to do the same in every
transaction and the railroad business
might lawfully become one of barter
and sale limited, only by demand." is
the decision handed down today by
Judge Kohlsaat in the United States
circuit court, from which the above is
quoted. The jurist enjoined the is
suance of transportation by the Chi
cago, Indianapolis & Louisville Rail
way company to the publishers of
Munsey's magazine In exchange lor
tendered In Text (.'Hue.
The decision was rendered in a test
case in which the federal authorities
brought suit to prevent the carrying
out of the- contract entered into be
tween the railroad and Munsey & Co.
providing for the. issuance of tiii
tickets or mileage to the value of $50.
in consideration of certain advertising
space in the publication of the maga
zine company. The contract was' ai
leged a viola-ion of the Hepburn law
Differa from PnltllNhed. Kate.
The petition charges the action of
the railroad in issuing such transpor
tation constitutes a violation of the
prohibition against acceptance of any
compensation for transportation
creator or less or different" from
that tinned in the published rates
The railroad" insisted it received full
money value, based on the schedule
of rates for mileage or tickets issued
and denied it was committing a viola
tlon of the law.
In passing upon the question of com
pensation, the decision says:
No Fixed Value of Advertising.
"Thf ouestion as to the value of
advertising is a contested one'. Man
ifestly there can be no fixed price
placed upon it. the number of copies
issued, the character of its subscribers
and very many other questions enter
ing into the estimate of its worta. It
is therefore impossible to say what
Its cash market value is. except by
comparison with other advertising
j- ELKS PROSPEROUS
CJ-f H Report of Ruler Shows Big In-
If. i- i crease in "vibihucioium
Y' puring the Year.
TOTAL NUMBER IS 284,321
Grand Treasurer Leach Shows Order
Has More Than $100,000 in the
Dallas, Texas, July 15. At yester
day's session of the Elks grand lodge,
Rush L. Holland of Colorado Springs,
Col., was elected grand exalted ruler
John J. Shea of Hartford. Conn., es
teemed leading knight; Fred E. Rob
inson of Dubuque. Iowa, secretary;
Edward Lich of New York, treasurer.
Loa Angeles was selected as the next
convention city. '
neeelved 4rtM5 Member.
The annual report of Grand J2xalted
Ruler Tener shows that during the
v.ir the lodges received by affiliation
or initiation 46,345 members; suspend-
a nr pvnelled 2C4. stricken rrom tne
rnlla for non-payment of dues, 8.20S
rtAmitted.-5.308 -. decreased, 2,718. For
ty-four new , lodges have been added,
with n'n Increase of 29,789 in member
shin, making the ' total number of
lodges today 1.125. and the total mem
bership 284.321. The report shows 9S
members of the grand lodge have died
since the Philadelphia meeting.
Have Money In Treasury.
Grand Treasurer Leach's- report
-um.,a 'tiifl hnlance on hand was
$100,029. Total receipts $225,10C; dis
The report of the grand trustees
deals with the Elks' national home at
length, showing but one death during
the last year: there are 32 residents
t the home. " '
ates. It cannot be said that the evi
dence is conclusive or even oonvinc-
n on this point.
ItnlKFK Some ((ueMdonN.
"If it is taken at its cash value, why
should the transportation be limited
as specified in the contract?
"If the magazine is paying $500 to
he defendant, why does it accept
ransportation both of less and differ
ent value than it would accept if it
bought its tickets with money? It
seems fair, to conclude that either the
advertising is of less than cash value
r the advertisers are greatly imposed
ipon by the railroads."
In Good Immediately.
.After citing several decisions ren
dered in somewhat similar cases, the
judge "says: "It will be noted the
contract does not require that adver
tising must be enforced before trans
portation is given.
"There is no restriction upon the
idvertiser to call for his railroad
ickets only so far as earned. In the
mere matter of interest the rates
would be less and different from that
which is published.
"There is no mistaking trend of law
making and construing powers. Every
new step is tending toward the most
rigid enforcement of the rule that re
quires equality in the matter of loss.
Meant to be Kxolit'it.
When by the Hepburn act the word
'diflerent' was added to word
'greater or less' it is noi unfair to as
sume congress intended to make the
av. more explicit and more difficult
to evade. The plain intention is to
close every avenue against discrimina
tion. It is essential to the spirit of
(he statute that the value of transpor
talion be lixeu and certain. It one
person may purchase it with adver
ii.-ing. another with labor, another
produce, the value of which is a mat
ter of agreement between the parties.
hew can it be said the schedule rate
'.r:- always maintained?
Would Itent with Carrier.
"Would not .the rate rest in the
whim of the carrier? Such is not the
intent of the law. Tlie action of de
fendant is in dissonance with the let
ter and spirit of the interstate com
Notice of an appeal to the United
States supreme court was at once
given by attorneys for the railroad.
DOZEN MINERS ARE
Explosion of Gas in Williamstown, Pa.,
Ccal Working, Six Being Taken
Pottsville, Va., July 15. An explo
sion of gas in the Williamstown col
liery, operated by the Susquehanna
Coa! company, resulted this afternoon
in the probable death of 12 miners.
Six have been taken out dead and six
more are still inside. Eight have been
taken out terribly burned, several of
whom will die..
ZtPPELIN'S FLIGHT FAILS
Balloon , Breaks Twice and 24-Hour
Trip Is Abandoned.
Friedrichshafen, July 15. A further
accident to Count Zeppelin's balloon
this morning will prevent the possi
bility of a 24-hour trip for a week.
Count Zeppelin yesterday was forced
to abandon his attempt to make a
continuous flight of 24 hours in his
airship. He was forced to return to
his landing shed one hour and 35 min
utes after the start because of the
breaking of the steering gear. The
crew and passengers, 15 in. all, were
disappointed by the outcome of the
trial. Great preparations were made
esterday and thousands of persons.
including many members of royalty,
were at Lake Constance when the
f-tart was made In the afternoon.
HQ MOTIVE FOR OUTRAGE
Police Mystified by Bomb Throwing in
' New York City.
New York, July 15. A dynamite
bomb exploding with terrific force
early today In the areaway of a fash
ionable apartment house in West One
Hundred and Fortieth street, hurled
scores of occupants from their beds,
shattered many windows and threw
tenants into a panic. Considerable
damage was done the building. There
were 42 families living in the apart
ments, but so far as the police could
learn, none of them had received
threatening letters. The reason for
the bomb throwing 13 a mystery.
RAIN ill CORN BELT
Washington. July 15. The weather
hnreau has issued a snecial forecast
predicting rain in the corn and wheat
belt and in the Ohio valley eastward.
RECORD IS BROKEN
Olympic Mark for Five-Mile Run
Cut by Svanberg of Swe
den to 25.40 1-5.
ENGLAND WINS THE 3-MILE
Americans Fail to Repeat Triumphs
of First Day in Second Day's
Events at London.
London, .uly 15. Svanberg of Swe
den won the first heat in the five-mile
run; time, 25 minutes. 40 1-5 seconds.
which beats the Olympic record.
ThreeMilt to I:ukI(idi1.
London, July 15. The final iu the
three-mile race was won by England;
America, second. Time. 14 minutes. :i!t
Ttv ;! Mertal.s for America.
lxmdon, July 15 America and
Great Britain captured most of the
plaudits yesterday in the first real
business day of the Olympic sports.
Twice the stars and stripes fluttered
to the top of the staff in the center
of the arena,- and American enthusi
asts who monopolized a section of the
stadium, waved their flags and broke
out in cheers. The honors vere near
COUNT TOLSTOI IN NOBLE APPEAL
TO BETTER NATURE OF COUNTRYMEN
London, July 15. The Dally Chron
icle today prints three columns of the
most -passionate indictment ever pen
ned by Count Leo Tolstoi, the Russian
author, of the present system of "gov
ernment by execution," in Russia, the
article concluding with a noble ap
peal to the better nature of his countrymen.-
The article follows: .
I can no longer endure it. I. write
this so that either inhuman deeds may
be stopped or my connection with
them may be snapped and I be put in
prison, where I may be clearly con
scious that these horrors are not com
mitted on my own behalf, or still bet
ter (so good. that I. dare not . even
dream or such happiness), that they
may put on me as on those 20 or 30
peasants, a shrowd and a cap and may
push me also off a bench so by my
own weight I may tighten the well
scaped noose around my old throat.'
Vppvr Clan l'lnnn Mnrdent.
After describing wholesale exacu-
lions in grewsome detail, , Count Tol-
fctoi says: ;
"All this is carefully arranged and
planned by . the learned and enlight
ened people of the upper class. They
arrange to do these things secretly
&t daybreak and they so subdivide tne
responsibility " for - these . iniquities
among those who. commit them that
each, may disclaim responsibility.
"And not these dreadful thing3 alone
are done, but all sorts of other tor
jtures and "..violence are perpetrated
'the prisons, fortresses and convict es
BVT THT YEAR-
- )IM 7v sT"
-XrT2 . I CSE r ?
ly even for the events finished, the
United States and Unite,) Kingdom
each won two gold medals. Great
Uritain, however, took three silver
medals, while America g')t only one.
Canada. Australia. Great Britain and
Belgium each obtained a bronze medal.
Ilml No ipNi11oii.
The Yankees had the hammer throw
to themselves, as had . been expected,
and the performance of John J. Flan
nr.gan of the Irish-American Athletic
club in breaking the Olympic record
with the hammer ami- the almost
equally good record made by M. J5?
McGrath or the New York Athletic
lub were eye-openers to the foreign
AI. V. Sheppard of the Irish-Ameri-
c;-n A. C. however, did more spectac
ular work and aroused a greater de-
ee of enthusiasm, by crossing the
(ape aJiead of his English rjvais in a
clashing finish to the J. 500 meter run.
This the Englishmen had counted on
for Wilson or Hallows, no prophets
conceding America better than third
place. To add to the satisfaction of
'he Americans, the judges announced
that George. VV. Gnidzik of Chicago hail
done the best work in fancy diviug.
Where BrHixh Shone.
The British pedestrians had their
own way in the 3.500 meter walk,
there were no American competitors
in this eveit. The first three heats
of the three mile team race were in
teresting. The United Kingdom took
first place, the Frenchman, Bouin, led
in the second. The Americans took
second and third places. "
tablishments; not impulsively, under
the sway of feelings silencing reason,
as happens in fights or in war. but
on the contrary at the demand of rea
son and calculations silencing feeling.
What is the more dreadful in the
whole matter of this inhuman violence
and killing, besides the direct evil to
the victims, is that it brings a yet
more enormous evil on the whole peo
ple by spreading depravity among ev
ery class of Russians."
Moral Rvll Worn Than Deedx.
Tolstoi, instancing the shocking
spread of greed among Russians to
obtam money by executing condemned
"Owful as are the deeds themselves,
the moral and spiritual unseen evil
they ' produce is inaomparably more
With regard to the government's
contentions that there is no other way
to suppress the revolutionists, Count
Tolstoi, while admitting that the revo:
lutionists-crimes are stupid and re
prehensible In the highest degree, cc
I cuses the government of doing the
'game -thing for the same motive, and
l "All ti rovilntinnists linmbinira
and murders do not come anywhere
near the criminality and stupidity of
the deeds the government commits
: Tolstoi argues at length that both
the revolutionists and the . Russian
government are pursuing the same ob
jectg by the same criminal means and
in j that, if there is any difference it is
- ( favor of the revolutionists
Cm THIS BE POSSIBLE??
HAS A QUIET DAY
Bryan Enjoys Comparative Rest
After Strenuous Events
of Two Weeks.
URGEPARTY MEN TO 0RGANIZ
..-h..w.&w -.wh.u ...
Aug. 15 Notification of Bryan
to Be Aug. 12.
Lincoln, Neb.. July 15. Today prom
ised to be one of comparative leisure
for W. J. Bryan. No Important en
gagement was scheduled, and in con
sequence he found opportunity to dis
pose of a considerable amount of per
rrrl to On'nnic
Fairview, Lincoln, Neb., July 15.
Democrats the country over were
called upon to form clubs immediately
to aid the campaign work; as a result
of the moetiiig of the national com
mittee here yesterday.
It may be staled on authority that
had the whole committee asked Na
tional Committeeman John II. Atwood
of Leavenworth, Kan., in all probabil
ity would have been made campaign
manager. Atwood is a lawyer and
business man of undoubted standing
and wants the position.
Hnx No Favoritr.
That action was not taken was due
to Bryan. 'The latter had no favorite
for the position, nor was it antagonis
tic to any one which named the mo
tive of the action. Bryan suggested
the appointment of a subcommittee
and declared that upon it should be
no nian who was rather a candidate
himself, or had a candidate for the
This being put in the form of a mo
tion by Joseph Daniels of North Caro
lina. Chairman Taggart appointed the
following,- his own membership being
piovided for in the resolution:
Taggart of Indiana, chairman; Hall
of Nebraska, Mack of New York, Os
borne of Wyoming, Green of Rhode
Island, Ryan of Wisconsin, Daniels of
North Carolina, Wade of Iowa, Tom
Linson of Alabama, Cole of California,
Brady of Oklahoma.. Daniel was made
secretary. . .
Hut One Candidate.
Campau of Michigan is no Monger
being considered for the chairmanship.
Tom U Johnson won't have it; Wood
Eon woirld prefer to be not considered;
OIlie James believes his greatest use
fulness Is on the stump; this situation
for. ihe present, at least, leaves the
subcommittee with but one candidate
The formal notification of .Bryau
wyi take place litre Aug. 12. The of
ficial notification of vice presidential
nominee. Kern, will take place at In
dianapolis at a date to be determined
upon later. .- v .
-Headquarter at CbleaR-o.
Lincoln, Neb.. July 15 Floyd of
Missouri, chairman of the democratic
"t congressional committee, said last
night the headquarters of his commit
.tee will open about. Aug. '.-15, ; probably
- tin Chicago, as , the republican head
quarters will.be in that city.
in J p. c." Thomas ; of Kansa8,""Wf. F.
' Scott of Illinois, George E. Taylor
Iowa, colored men, representing the
executive committee of the negro
anti-Taft league of the United States
called on Bryan, to whom they ex
plained the purpose of their organiza
tion. They pledged to Bryan the sup
port of the league which they said
represented 37 states. Their main ef
forts, they announce, would be direct
ed to New York and Indiana Many
former republicans, they said, had be
come members. 1
. Bryan to .Speak at Peoria.
Bryan yesterday promised Roger
Sullivan of Illinois he would speak
at the Illinois democratic state con
vention at Peoria in September.
PEORIA AND PEKIN '
Follow Cincinnati Whisky Manufactur
ers in Opposing Law Requiring
Labels on Packages.
Peoria, III., July 15. Every Peoria
and Pekin distillery has started prt
ceedmgs against Internal Revenue
Collector Rennick to' prevent the en
forcement of the law in regard to
labels used on their products. The
proceedings.. are similar, to those re
cently instituted by the Cincinnati
Average for State Last Week 2 Be
low Normal Despite Hot Wave
at the Close.
' The weekly weather bulletin sum
mary for Illinois for the week endin
July 13 follows:
The mean temperature for the state.
during the week ending Monday, July
t:i, was 2 degrees below the normal.
Like the previous week, the .greatest
temperature deficiency occurred in
the centra! district. The week opened
very cool, the daily temperature de
ficiency on the 7th and the Sth being
a e. xhere was a gradifal rucrease
of teniiieratn're to the close of the
week, the high temperatures of. Sat
urday and Sunday assuming the pro
portions of a hot wave. The temper
ature extremes were M degrees and
IS degrees. Bright sunshine, consid
rably more than the previous week,
averaged about 80 per cent.
Showers occurred on two days, the
th and 7-h. The measurements were
mostly of light proportions. In many
localities moisture is badly needed.
The average precipitation was below
the seasonal average. t
AME FOREST FCR CLEVELAND
President Roosevelt Honors Late
Predecessor in Appropriate Way.
Oyster Bay, July 15. President
Roosevelt has written a letter to Mrs.
rover Cleveland, informing her of the
proclaniation he has signed changing
he name of the San Jacinto national
forest to the Cleveland national forest
in honor of the late former president.
Feb. 22. 1897. President Cleveland
signed a proclamation creating the
San Jacint forest reserve in southern
Cleveland," Roosevelt says, "was
one of the first to recognize the need
Of forest reservations ana ine crea-
ion of the San Jacinto and other for
est reserves with a total area of 25,-
CSG.320 acres was one of the results
of his foresight in this direction."
ARRIVE AT PHILADELPHIA
Glidden Tourists Make Run of 133'a
Miles From Harrisburg.
Philadelphia. Pa., July 15. The first
contestant in the Glidden automobile
tour arrived here at 10 p. m. yester
day from Harrisburg. Pa., a run of
33 miles. The- first car left the
state capital at 7 a. m., and made the
trip to" this' city by way of Lancaster
and Reading and down through the
beautiful Schuylkill valley.
The autoists reported that the run
was hot and dusty, but that they found
the roads in good condition. There
were no serious accidents and the trip
in all particulars was pronounced a
success. . The visiting automobilists
were entertained . last night by local
autoists and today left for Milford, Pa.,
a run of 132 miles.
France Celebrates Birthday. -
Paris, July 15. The French national
fete was celebrated yesterday through
out the country in a traditional man-
ner. The review of '100,000 soldiers
at Long-Champs, which was a feci;ure'(lantic battleship fleet as it passes" the
of the celebration in Paris, was a bril island-":' ' '-
liant success. ' ' " .'.-.:'
-. ' Will Care for Rig. , -
River Riplets. "William Swann, ground keeper, 'will
The B. Hershey, Everett. Ruth' and t be at the Island City ball park tomor-
Acorn were north. The Helen Blair. row afternoon 'and evening and will
came up from Burlington.
The stage of water was 11.70, at
of J a. m. and 11.75 at noon.
Robert H. Patton of ' Spring
field Makes Hit as Tempo
PROVES LINCOLN A DRY
Illinois Delegation Approves of
Administration of Chair
Columbus, Ohio, July 15. The pro
hibition national convention was called
to order today In Memorial hall by
Chairman Charles R. Jones. An. invo
cation was offered by E. L. Eaton of
Illinois. After the formal readiner of
the call for the convention Robert H.
Patton of Springfield, III., temporary
chairman, delivered an address In
which he attacked the position or the
democratic and refublican parties ou
the liquor question, citing proof that
Abraham Lincoln was in favor of pro
hibition of the liquor traffic.
Are No Conteata.
Following the address fhe . roll of
states was called for the announce
ment, of the various committees. As
there were no contested delegates, it
is expected the entire work of the
ct n ven tion except the nomination for
pwesident will be completed tonight.
Speech Start Boom. ' ' '
A decided impression was made by
the speech of Temporary Chairman
Patton and resulted In an almost im
mediate movement to make him the
presidential nominee. The Indiana del
egation inaugurated the boom.
FjadorNe JoneK' Work.
Columbus. Ohio, July 15. The ad
ministration of National Chairman
Jones was endorsed today by the Illi
nois delegation. A resolution was
adopted urging he be continued at the
head of Uie committee. ' .'
PRIZES ARE CUT
Interferes With Plans of Arabs
for Drills at Annual Meat
- ihg of Shriners.
HAVE BUT A SINGLE SESSION
Imperial Potentate Roundy Recom
mends Against Use of Wine at
Banquets of Order.
St. Paul, Minn., July 15. A perfect
day again greeted the Shriners today.
But one business session of the im-
I i-erial council was scheduled for today,
nile the council was In session.
Arab patrols were giving exhibition
uriils at Lexington ball park Many
patrols had counted on competing for
prizes, but the' announcement of Im
perial Potentate Roundy that no
prizes would be given eliminated the
competitive feature of the contest,
though it did not lessen the ambition
of the patrols to drill as nearly per
fect as possible.
Minneapolla Man WIna.
Edwin I. Alderman of Marion, Iowa,
was elected imperial potentate, and-'
Charles F. Overshine jof Minneapolis,
imperial outer guard, the only office .
for which there was a contesL
Wonld Drop Wine at .Baaq.net.
In the annual address of Imperial
Potentate Roundy yesterday he rec
ommended among other things the dis
continuance of the use of Intoxicating. :
liquors at Shrine banquets, and that,
the minimum fee for conferring the "
, order of the Shrine be advanced to
?50. . . ..
The report of Imperial Recorder "
Rowell showed the order had grown
from 113.27G to 127,332..
The report of Imperial Treasurer
Brown showed the receipts during the
year had been $142,392, and expendi
Among the cities- which, made appll-'
cation for. new temples which will be
considered by the imperial council to
day are Quincy, 111., and Decatur, Ill.
Lepers Buy Fireworks. . '
Honolulu, July 15. Lepers on the
island of Molokal have .purchased &
large r- quantity of daylight fireworks
which will be used to salute the At-
look after carriages, automobiles, etc.,
6. left in his care during circus perfonn-
tances, for a nominal consideration.
c i$ - -'