Newspaper Page Text
FIFTY-EIGHTH YEAll. NO. 109.
THE ARGUS. TUESDAY. FEBRUARY 23, 1909.
PRICE TWO CENTS.
NEW YORK CENTRAL'S BIG
FINE IS FINALLY UPHELD
RETRIAL OF STANDARD OIL
JOY FOR THE FANS
REBATE CASE IS STARTEI
United States Supreme
Court Allows Penalty of
$108,000 to Stand.
in Louisiana, where the national gov
ernment expressed its regret over the
REBATING THE CHARGE
Law Prohibiting Railroad
Passes Applies Also to
Washington, Feb. 23. The verdict
of the United States circuit court of
New York, imposing a fine of $108,000
upon the New York Central Railroad
company on the charge of granting re
bates to the American Sugar com
pany, was today affirmed by the su
preme court of the United States.
I'olnt Against ( oinpnn).
The case of the United States vs. the
New York Central, involving the ques
tion whether the railroad company,
which is a party to the rebate transac
tion, but which did not take the initia
tive, can be criminally prosecuted for
a violation of the Elkins anti-trust
law, was decided by the court against
Hum KiprmFi Frank. '
That the interstate commerce law
prohibiting the issuance of passes on
railroads is applicable to the granting
of express franks was held today by
the supreme court of the United States
in the case of the American Express
company against the United States
The case originated in Chicago.
LEAVE THE CITY
Exodus ol Greeks From South Omaha
Effectively Puts Stop to
SPOKANE TO USE BOYCOTT?
Plans to Force Hill and Harrlman
Lines to Make Concessions.
Spokane, Feb. 23. Spokane shippers
are preparing a gigantic boycott
against the Hill and Harriman rail
roads. The report that the Spokane
iate case will he decided adversely to
Spokane has caused the merchants to
plan an organization, and all the ship
pers will unite in having out routing
agent, who will route all the goods
sent out from Spokane over the Cana
dian Pacific in the hope of bringing
the desired concession from the other
roads, which will, as a result, lost the
Spokane business. " Definite organiza
tion will be effected as soon as it i.s
finally learned that the Spokane rate
case has been lost. "i
SOCIALISTS CLAIM VICTORY
Illinois Miners Agree Not to Help Can
didates for State Offices.
Peoria, 111.. Feb. 23. The resolution
brought in by a special committee on
political action, denying. official assist
ance of the United Mine Workers of
Illinois to members who should bo-
come political candidates tor state of
fices, was almost unanimously adopted
yesterday. The result is considered by
socialistic members a victory for their
cause. Retiring President John Wal
ker, the new president, Duncan Mc
Donald, and Secretary Frank Hay3
urged the delegates to continue politi
cal and financial assistance, after an
nouncing their pride in being members
of the socialist party.
ANOTHER SLAP AT RAINEY
THE VARIOUS BASEBALL TEAMS ARE
THEIR RESPECTIVE PRACTICE FIELDS.
House Refuses by Party Vote to Inves
tigate Bacon's Letter. '
Washington, Feb. 23. Rising to a
question of highest privilege, Clarke
of Florida in the house today offered
a resolution providing for an in vesi
cation bv the committee on iudiciary
of Secretary of State Bacon's letter , examine John Sharp, one of the de
Feb. 9 deprecating the remarks of fendants.
COL. COOPER ON THE WITNESS STAND
TELLS OF RELATIONS WITH CARMACK
Nashville, Tenn., Feb. 23. State's. that C,armack turned his head just as
Attorney Garner surprised the large
crowd in attendance today at the Cooper-Sharp
murder trial by announcing
that the state did not desire to cross
Rainey of Illinois
the resolution was tabled.
canal affairs. By a strict party vote1
PROTEST TO THE GOVERNOR
Pan Hellenic League Asks Protection
and Consuls Are Called Upon to
Lincoln, Neb., Feb. 23 The Pan
Hellenic union, with a membership of
50,0m, today appealed to Governor
Shallenberger for protection against
the alleged lawless acts of the South
Omaha rioters. .
trceka lfave South Omaha.
Omaha, Neb., Feb. 23. Quiet reigns
In South Omaha. A probable explana-
MISS SYLVIA GREEN A BRIDE
Becomes Wife of Man of 65 Years in
New York Ceremony.
Morristown, N. J., Feb. 23. Miss
Sylvia Green, daughter of Mrs. Hetty
Green, of New York, was married at
St. Peter's Episcopal church at noon
today, to Matthew Astor Wilks. Mr.
Wilks, who is about 63 ears old, is a
great grandson of John Jacob Astor.
Mrs. Green and daughter came to this
city with the wedding party of about
30 persons in a special car.
IS HOLIDAY AT NEW ORLEANS
Principal Day of Mardi Gras Being
Observed with Gaiety and Revelry.
New Orleans. Feb. 23. The Mardi
lion is found in the fact that the ex-ras is neing ceieDratea wnn typical
odus of Greeks from South Omaha has eaiety and revelry in New Orleans to
been practically complete. The city dav- " a legal holiday here, and
officials were notified last night that 'he day is characterized with a prac
not a Greek remained in South Oma-:tical suspension of business and care
ha. and it Is apparent that" whatever freedom and the turning of attention
may be the final outcome of the action to mimicry and fun.
Colonel Duncan B. Cooper, the cen
tral figure in the case, was immediate-
lly called to the witness stand. He
'said his relations with Carmack had
been cordial and close up to 1905, when
I they disagreed over the contest be
jtween Carmack and Taylor for the
earmark Take Offense.
Cooper said he supported Taylor in
that contest and Patterson for gover
nor ;that Carmack took offense, and
ceased speaking to him, and showed
further hostility by printing articles in
his newspapers offensive to Cooper.
Referring to an editorial article in tha
News-Scimitar March 15 last. Cooper
said he was informed Carmack had
written it, but the. court ruled if he
did not know Carmack wrote it the
evidence was not competent.
Sharp on Stand.
Nashville, Tenn., Feb. 23. The
Cooper-Sharp murder trial at adjourn
ment hour last night found John D.
Kansas City, Feb. 23. Dr. Cyrus
Townsend Brady, at a banquet of Sons
Sharp, one of the defendants, under aof the Revolution here last night de
rigorous cross examination
of the mob Sunday night the desired
result has been at least temporarily
(recks Appeal to Home Country.
A mass meeting of Greeks, at which
1,500 were present, was held in a large
hall in Omaha yesterday afternoon,
whew it was decided to ask the Greek
GO TO ATTEND FUNERAL
President and Mrs. Roosevelt Leav
Capital for New York City,
Washington, Feb. . 23. President
Roosevelt, Accompanied by Mrs. Roost
velt, will leave Washington tonight
for New York city to attend the fun
government to take prompt action to!era of their nPpnew Stewart Douglas
i r o .1 !,! . "... .
secure redress for Sunday night's at
tack on the subjects of that kingdom.
A. B. Cokofis, a wealthy and influen
tial Greek, has taken the Initiative and
says action already has been commenc
ed to secure an Inquisition by the
Greek minister at Washington.
The entire affair is deprecated by
the- better class of citizens of both
cities, and doubtless will result in
steps being taken to guard against a
similar occurrence. Thirty-five of the
rioters will be given hearings today.
Inquiry by Acting Consul. "
Washington, Feb. 23. U A. Coro
milas, the Greek minister, yesterday
received dispatches regarding the riots
in South Omaha Sunday, which will be
supplemented by complete detailed re
ports from Milward Adams, the acting
consul of Greece at Chicago, who is in
vestigating the affair!
It is expected that Minister Coro-
milas will acquaint the state depart
ment with the results of his Investiga
tion, although the national government
is powerless to do anything, to allevi
ate the unfortunate conditions further
than to request the governor of Ne
braska to afford such protection in
the future as may lie In the power of
the state authorities. .
The incident in Its broad aspect Is
not unlike that of the attack on the
Robinson, who was killed Saturday by
fallins fromt a window of" a dormitory
at Harvard college.
Jewels Stolen on Ship.
London, Feb. 23. Mrs. James Ham
ilton Lewis of Chicago was robbed '.f
jewelry worth $6,500 while on the
steamship Mauretania on the voyage
from New York recently. She has filed
information, of the theft with the of
ficials of the Cunard line at Liverpool
and an investigation is being made
by them. ' ,
Kentucky Shaft to Garfield. "
Lexington. Ky.,- Feb. 23. The peo
ple of Big Sandy valley In the eastern
part of the state, are preparing
memorial to be presented to congress
for the erection of a monument at
Prestonsburg to James A. Garfield
whose troops ended civil war hostill
ties in that section of Kentucky.
Stock Market Weak.
New York, Feb. 23. The stock mar
ket, following London'B lead, displayed
marked weakness today. The supreme
court decision against the New York
Central in the matter of alleged re
bates helped along the weak tone.
Former Iowa Educator Dead.
Denver, Feb. 23. Dr. Wesley Spaul
ding, former president of Iowa We
Japanese restaurant keepers in San leyan university, died here last night,
J rancisco and the lynching of Italians aged 84. -
the second shot was fired.
Denies Abuse of Cnrmaek.
After the noon recess on direct ex
amination Sharp deniod specifically
ever having said that. Carmack "should
have been dead and in hell for 20
years." He said he had always oppos
ed Carmack politically . and probably
said some hard things about the sena
tor's political methods.
The first question on cross examina
tion elicited that Sharp and the Coop
ers were close friends.
The witness declared he never saw
the revolver Robin Cooper used until
the boy was using it. The state's the
ory is that the automatic revolver was
Sharp's and three times it has had the
number of the gun entered in the rec
WAGE CUT IS NEXT
Hundred Thousand Employes of Steel
Mills Will Lose by War in
are being . provided Dy tne American
Red Cross society. The Italian na
tional relief committee will co-oper
ate in this work, which is being under
taken at the request of the Italian
Russian Emperor Issues Rescript
Closing Sessions of the Fin
CRITICISM OF RULER CAUSE
Had Been Warned in Advance
Avoid Caustic References to
AVERAGE ABOUT 6 PER CENT
Working Under aSliding . ScaleAr
rangement Even Those Outside
St. Petersburg, Feb. 23. Emperor
Nicholas yesterday ordered a rescript
dissolving the Finnish diet and order
ing the holding of new elections May
1 to choose a new diet to assemble
The step is due to the criticism of
the emperor's policy in President
Svinhufud's response to the speech
from the throne at the opening Feb,
16. The diet has been cautioned be
forehand to avoid contentious topics
in its teply, this request being based
on a provision of the constitution.
Declares Rights Are Infringed.
M. Svinhufvud, however, raised the
question of the recently established
control of Finnish legislation by the
Russian cabinet, and declared the ac
tion of Emperor Nicholas was uncon
stitutional and an infringement of the
rights of Finland.
The establishment of a joint Finnish
Russian conference to elaborate a new
basis of relations between the grand
duchy and the empire has been- de
Seek to Extradite Editor.
The Finnish senate has requested
Russia to demand the extradition of a
Finn named Mustonon, who went to
ATnrfcaif clears agoana "who today
is editing a Finnish newspaper at
New Basis of Action Ren
ders Maximum Possible
COUP BY THE DEFENSE
Moves to Quash Jury Venire,
Members Being Nearly
Cleveland, Ohio, Feb. 23. That more
Chicago, Feb. 23. A bitter skirmish
signalized the opening of the retrial
of the Standard Oil company of Indi
ana for alleged rebating. Judge An
derson had been on the bench., but a
few moments when John S. Miller, for
the defense, electrified those present
by filing a motion to quash the venire
of 150 men on the ground it had been
Sixty per cent of the venire are
farmers, and only three residents of.
Chicago. Surprise was plainly visible
on the face of District Attorney Sims
when Miller called attention to the
personnel of the venire. He promptly
recovered, however, and sharply op
posed the motion.
Delaya the Cane.
Judge Anderson this afternoon ruled
the venire improperly drawn. A new
one must be summoned, which is said
to mean an indefinite delay in the
hearing of the case.
Made Kanioim by Big Fine.
This is the case in which Judge
Land is, holding that each car lot of
oil on which the Standard accepted an
alleged rebate constituted a separate
offepse. .inflicted .his . historic. .fin- of
$29,240,000. In' reversing this decision,
.the court of appeals, in an opinion
written principally by Judge Grosscup.
Port Arthur, Canada.
Mustonon recently published in New held the car ,ot did not form an ,ndi;
York a pamphlet accusing the Finnish ( viduai offense. From this decision the
than 100.000 men will suffer a cut in ' uu " . ,- --,'. x-'S"- ieiew i iu
luuufiics, ami me Buvurnmtjni iS Bees- hands of thi Riinrpmo miirt rm a wrft
no a roc. lit nf h nnen mnrlror t . . . .. . .. I IldnU8 OI tne Supreme TOUT I On a Wm
HE SCORES DELMAS
FOR THAW DEFENSE
Dr. Cyrus Townsend Brady at Kansas
City Attacks the "Unwritten
the day young Robin Cooper had with-!
stood an ordeal of four hours, evincing
throughout coolness, care, and an ap
parent inclination to be fair. He and
Sharp, two of the three co-defendants
were the only witnesses of the day.
Sharp told his story well under di
rect examination. He was turned over
to Attorney Garner of Maury county
whose cross examination was of the
rapid fire order. The witness proved
to be a man of high temper and Garner
soon had him excited.
On direct examination Sharp swore
he saw the killing and that "Carmack
fell after Robin Cooper had fired three
times." One of the bullet wounds
pierced the senator's neck near the
spinal cord and came out under his
tongue. As Sharp swore that Carmack
was facing young Cooper, aiming a re
volver at him, this would be impossible
to reconcile with the statement. . On
cross examination Sharp said, however.
livered a scathing denunciation of the
"unwritten law" and openly named
Delphin M. Delmas, Harry K. Thaw's
famous counsel, as the "$100,000 coun
sel for the degenerate aristocracy
who uttered insults to God and hu
manity." Delmas last night delivered
a Washington birthday oration to the
Kansas City Bar association.
Q TRAIN KILLS A BROKER'
Real Estate Man of Monmouth, III., is
Monmputh, 111., Feb. 23. Ferney
Jones, a real estate man, was hit by
train No. 13 on the Burlington railroad
tracks yesterday afternoon and re
ceived injuries from which he died
soon afterwards. '
Senate Passes Consular Bill.
Washington, Feb. 23. The senate
today passed the diplomatic and con
sular appropriation bill carrying $3.-
for finished steel has been made ap
parent. Members of the Amalgamated-Association
of Iron, Steel and Tin Workers
employed in independent plants here,
the Union and Empire mills, expect a
wage cut by the middle of April. In a
conference of Amalgamated representa
tives and employers of this district, to
be held in Youngstown March 15,
agreement as to the wage cut and the
date of its effectiveness is to be
F.ipect Cat of 6 Per Cent.
The men expect to suffer a 6 per
cent cut, effective April 15 or 20.
They are working under a sliding scale
Employes of the Cleveland plants of
the American Steel & Wire company
expect a cut also. These men are not
affiliated with the Amalgamated.
Most of the tonnage men in the
plants of the country, outside the Car
negie company, are without wage pro
tection. The Carnegie company's wage
agreement runs until Jan. 1.
Have Partial Protection.
Tin plate and sheet workers, pud-
dlers and wrought iron mill workers
are partially protected under their
sliding scale agreement, good till June
30. Tin plate workers are in the
Amalgamated, whose scale agreements
will expire Jan. 1. Puddles belong to
tho Amalgamated and Sons of Vulcan
both of whose scales are identical and
expire July 1.
Tube and pipe men are working on
such a small tonnage basis that a fur
ther reduction seems impossible. Wire
workers and hoop and band mill men
have no organization and no wage
ing him as a witness against these men.'of certiorari, but following precedent
DRY FARMING CONGRESS OPEN
Six Hundred Delegates Arrive at Chey
enne, Wyo., on Snowbound Trains.
Cheyenne, Wyo., Feb. 23. With
more than six hundred delegates pres-
jent and with several hundred more to
arrive on belated, snowbound trains,
tho third trans-Missouri dry farming
congress opened its sessions here to
day. The sessions will continue three
Trial Shows Postal Honesty.
Columbus, Ohio, Feb. 23. James
Brady yesterday received a $10 bill
that, was not placed in an envelope
and had no wrapper or covering on it
at all through the mail.- The bill was
mailed at Hamilton. Ohio. A string
had been tied through the middle of
it and a tag with the name and ad
dress of Mr. Brady attached.
Taft in New York,
New York, Feb. 23. President-elect
Taft arrived from Philadelphia, this
morning and went immediately to'the
home of his brother, Henry W. Taft.
JEFF DAVIS' NAME IS RESTORED ON
HISTORIC BRIDGE BY ROOSEVELT
Washington, D. C, Feb. 23. Official
amende for the sensational elimina
tion of Jefferson Davis' name from the
tablet on Cabin John bridge, six miles
west of this city, is given in directions
the president issued yesterday througn
the secretary of war to the chief nf
engineers of the army to restore the
name. - ..." ,. .
The tablet Is on the famous bridge
that arches Cabin John Run on the
Maryland side . of the . Potomac river.
The bridge carries the conduit which
brings Washington's, water supply
from the upper Potomac. . It was be
fgun under Davis as secretary of war,
and when he joined the confederacy
and became its president his name, un
der government orders, was chiseled
from the tablet.
Repeated efforts to restore it have
been made. At the 1907 convention
of the Daughters of the Confederacy
at Richmond a resolution was adopted
asking for the Davis restoration, and
Representative Meyer of Louisiana
sought unsuccessfully to have this car
The erasure of the name was by
direction of Caleb Smith, Lincoln's
secretary of the interior, after a sug
gestion' by Galusha Grow of Pennsyl
vania, then speaker of the bouse.
Yesterday in Congress
tribunal refused to consider the
case. Accordingly the decision of the
appellate court took effect and the
case was remanded for a new trial.
Judge Landis, averring that his opin
ion as to the justice of his celebrated
fine not having changed, refused to
preside at the second trial, but Judge
Anderson was persuaded to accept.
(Government Changes Tact lea.
The new hearing will differ from the
old in one respect only the govern
ment will not contend that every car
lot constituted a violation of the law
The appellate court's decision pre
cludes this. The government legal bat
teries will be trained in an endeavor
to convince the jury that each ship
ment perhaps a car lot, perhaps a
train load was an offense. If success
ful in this line of argument, the judge
may fine the defendant a maximum of
$10,000,000 or a minimum of $500,000.
The defense, on the other band, will
it is said, claim that the settlements
of foreign charges constitute the al
leged offenses. Of these the govern
ment alleges there were 36, on which
fines of from $26,000 to $720,000 may
be Inflicted. '
FEWER GOING TO CANADA
Immigration for Ten Months Shows a
, Decrease of Nearly Half. "
Winnipeg, Man., Feb. 23. Immigra
tion into western Canada during the
last 10 months shows a decrease of
48 per cent, the total being 126,000, as
against 210,000 for the previous period.
TO BUILD A MODEL TOWN
American Red Cross Plans- to Make
Galtina a Perfect City.
Rome, Feb. 23. Wlnthrop Chandler
of Philadelphia has been sent south
by Ambassador Griscom to take charge
of the relief work for the earthquake
sufferers at Gallina. ' He is accompan
ied by Prince Dorla, Marquis Spinola
Count Scialoja and Dr. Montecbia!
and will transform Gallina into
model town with perfect sanitary ar-
i rangements. The funds for this work
Washington, Feb. 23. Following is a
summary, compiled from the official
proceedings of the work of both
houses of congress yesterday: J
SENATE For two hours and a half
the senate discussed the postal savlnKf
nanK proposal, hut an attempt to reach
an agreement as to a day for voting
on the measure failed. The reading by
Senator Mcbaurin of Vashinrton'K
farewell address consumed the lirst
hour of the session. Senator Aldrieh
obtained the consent of the senate to a
resolution continuing the committees of
the senate as they now exist until their
successors are chosen In the next reg
ular session. The agricultural appro
priation bill was taken ud. The Benatc
adjourned at 4:40 n. m.
HOliSK A second speech of Mr.
Rainey of Illinois reiterating his for
mer statements concerning the Panama
canal and a bitter arraignment of Mr.
Riney hy Mr. Burton of Ohio furnished
the principal incidents In the house.
After the Illinois member had spoken
for an hour in further denunciation of
William Nelson Cromwell. Mr. Burton
took the floor and vigorously defended
Mr. Cromwell. C. P. Taft. President-elect
Taft and others whom Mr. Itainey on
a former occasion had made objects of
his attack. . Mr. Rainey, he said, had
furnished bo proofs of wrongdoing in
connection with the purchase of th
Panama canal franchise, hxtt- instead
had conjured up wrongs and buttress
ed them with slander- and falsehood.
thereby placing him on a level with
"the scurvy politician. - He challenged
Mr. itainey to get rrom behind the pi-tv
tec tion afforded htm by. the constitu
tion of the United States and rules of
the house and make his charges In the
open. Following tha sending of the
army and Indian appropriation bills to
conference consideration of the sundry
civil appropriation - bill : was resumed.
and it was pending, when the house at
,t p. m. adjourned. 1 : ; .-
to Be Suna
Star Spangled Banner''
in Schools. s
Indianapolis, Ind., Feb. 23. Tha
house of representatives yesterday
passed a bill requiring the Star Span
gled Banner to he sung in full in the
public schools of Indiana. The bill
will now go to the senate.
R0L0NG THEIR' HOLIDAY
No Quorum in Legislature and Vote
on Senator is Impossible.
Springfield, 111., Feb. 23. There was
no joint ballot in the legislature for
senator today, neither house having a
Roosevelt Back in Washington
Washington, Feb. 23. The yacht
Mayflower, bearing the president and
party on their return from Hampton
Roads, reached dock at 7:25. The par
ty left the navy yard In carriages in a
drizzling rain. ,
Officiates at Two Weddings.
' Justice G. A. Johnson last evening
at C o'clock officiated at the marriage a c
his office of Harry I Speck and Edith
Freisinger, both ;. of Cedar Rapids, ,'
Iowa. : At 2 o'clock this afternoon he
united Herman Maurice Lerch and
Sadie May McAnninch, both of Daven
port. , . , . -