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TH ETh ]T~HE DAILY k ISSOPEJAN :.;,. .......... TodayL -Fi tr. X n. OW. E ". .. . O ,," .VOL. XX''Vt -O. 197. 1 [tIOUID%, MO\TAx A, FIOI MPIIN, N O, OVEIMEI: 18, 1910.,r PU FV CASE IS LOST' BY COURT'S RULING JUDGE. M'CALL -HOLDS THAT STANDARD OIL COMPANY GRANT D NO REBATES. JWY IS SO INSTRUCTED It Is Stated That the Testimony Pre sdnte ",Tends to Prove There Was No Understanding, Expressed or Im plied, Direct or Indirect," Between Defendant and Kentucky Company Jackson, Tenn., Nov. 17.-Tn a ruling which required 20 minutes to read, Judge John E. McCall, In, the United Stpies circuit court, this afternoon ended the efforts of the government to have assessed against thetStandard Oil company of Indiana penalties ag gregating' more than $30,000,000. The ruling, instructing that a verdict of n.ot guilty he returned, came with the conclusiori of the case in behalf of the prosecution, and, in substance, A holds with the contentions of the de fense that, after four years. the United P States had 'failed to build its structure ib of evidence other than on sand. The Rlkins anti-rebate law was vio latpd, it was alleged, through "scheme a and device." Judge McCall, in his rul ing, first reviews the 'indictment alle- o gations. Next he takes up the testi- t mony presented, as tending to prove a that the consignments were shippel on orders received from .the Stanrarl Oil company of Kentucky by the de- " fendant company from its refinery at is Whiting, Ind., to Grand Junction, Tenn., "for beyond," with freight chQrges prepaid to Grand Junction, : and there taken possession of by the 4 Kentucky corporation. No Understanding. n ITe points out that the testimony lb presented "ten:ds to prove there was s no understanding, exliressed or implied, e direct or indirect," between the defend ant conirp apyiy ,t'ha e <enrtpcky com- 1: trany with regard to rates to be 'paid; s that it wet solely a ibusiness transac- c tilon between two corporations. Upon t this stateisint'oif facts, Judge McCall n "recalled that 'he ruled, early In the trial that the Indiauia company should not be held accountable for the ship ments, so far as the transportation beyond Grand Junction was con cerned. "The uncontradicted testimony pre sented by the, government," the ruling continues. "is that in the period cov ered by the .IndlctmTent there was' a 13-cent .rate from Tyhiting to Grand Junction for Ipolnts beyond and this rate was dull o tfile with the inter state comleerre 'ot.pmission and was the legal rae' fie' testimony is un contradicted 'that 'the shipments cov ered by the indictment were In carload lots from Whiting to Grand Junction' for beyond. ar~t'dthat the defendant paid this rate." '. Quotipg `he response of T. M. Cros land, afn attache'of the Interstate com merce b. ns'istiop, who s~as" recalled as a Wrs by yt1'rosecution to in terrogi of t#i court, Judge McCall points p that tbe ivitness' held that the de4idarn pco i'ly was authorized s to usq 'e~ll. 13-pent rte; that it was at legal rate, ."nA-tbY ', it linquiry had been made pf him by a shipper for the purpose of ascertaining the legal tariff, he would have quoted that rate. t Taking hip the much-discussed "blind Sbilling," it was held by 'the court this was done by the carr:er; "that there 1 ia not ope syllable of testimony tend Ing to' show the defendant comrpany knew the carrier was blind billing the shipment. But, If the defendant had known this, how could that effect its rights to avail itself of the 13-cent 1 rate wflih- -yans filed by the commis sion?" THAT IS 'ThIE KELYNOT OF SPEECHES BEFORE FIRST PA GIFiS COA*S PQNG E S8. San 'Francisco, Nov, 17.-The der tenseless cdpdition of the Pacific coast in the event of sudden war and the necessity of a battleship fleet, in the Paifie, was the keynote of the speeches made today before the first IPacfijc coast congress, called by Gov ernor James N. Gillett, in pursuance of 4 resolution gldopted by the $cept spepcil seasion of the legislature, to discuss -the urgency of merchant ma rine - legislatioi 'and the maliitenance of Ta Sad sd tom 5. ma e ith a elLIc coast, tats and as far east as ,g nver, ponded..i roll call. -Mayor P. H McCarthy '.elcomed` the dele rat et to th0t; ity alid 4"overnor Gi1 Iett;' Who pttladei 7rebted them on bpal of hes 0iat:.1 ENGLISH POLITICS IS IN A FERMENT Parliament building and King George of England. Lower left, Premier Asquith, and lower right, John Redmond, both of whom are figuring prominently in the crisis. Mr. Redmond but recently returned from a trip to the United States. London, Nov. 17.-Politically this was an uneventful day, with the exception of Arthur j. Balfour's speech at Not tinghanm, which was awaited with keen anticipation as an exposition of the unionists' election program. Curiosity was aroused as to whether the union ist leader wbuld make any new de parture on the Irish question. It was qulickly evident that, except 'on the question of the reform of the house of lords, on which the unionist party is now firmly committed to Lord Rose Ibery's scheme, the unionist platform stands the same as at the last general election in all its planks. Mr. Balfour referred only incidental ly to the home rule question, but sufficiently indicated Jbe was in as ,complete opposition to it as ever. Thus the unionist election policy, in the main, will be to pit reform of the I house of lords against the liberals' de NEW YORK SLEUTHS ARE SEPARATED FRO POULICE PLAIN-CLOTHES MEN .WILL NO LONGER ACT AS RUNNERS FOR THE "SYSTEM.", New York, Nov. 17.-The shakeup In the police department, predicted ever since Mayor Gaynor took office, came today. The changes strike at the fdimn datjons of the Ipolice department and place the entire detective force en a a new footing. Beginning Saturday, there will be no more limn "' detec tive bureaus in ayy qf the boroun.::.: except Brooklyn. Detectives will no longer report to captains of precincts or to Inspectors of dlttricts, but to a lieutenant or captain of detectives, who will be directly iresponsibletto the in spector at headquarters in 'charge of the entire burea.u, who, in turn, will be the second deputy commissioner, William Flynn. At the End of His Rope. In short, the !plain-clothes man, the handy man of captains and inspectors, the ready, errapd sunlner for "ýpe sys tem,",has come tothe end of his rope. Detectives' will be no part of the pre clict's co.ranpand and Wil ,woe+k, tl4e pehtlently of the uniformed police. This is the policy of the English detective force, which works under Scotland Yard, a centralized control, and it also Is in line with the policy of ,the secret service in this country. More than 690 detectives will have to *djust themselves to the new order. They will have nothing to do with gambling, disreputable' houses apd keeping the streets clean of soliciting, which 'will be looked after by a special squad. Their business 'will be to run dgwn criminals. HELD ON BURGLARY CHARGE. ,Wallace, Nov. 17.-(Spqcial.)-Judge LgIthy ~gs 4eld 'die Coak of -.taft to afisWer'in the district court 46 cljarge " rf -burglir." His all' waa s fixed at .$5 0.. Crpoa. ya orre to 'on a warrant siorii'nouf -by DaTi McIinis, who claimed tqe man had entered one] of the rooms of the Arcaae theater. COUNSELOR IS ILL. Washington; Nov. 17.--.fepry M4. Hoyt, counselor for the 2lejartmrilet of state, 4 i fsously ill. i Whiite so Can ada, engaged in the reciprocity nego ftitigns, he was attacked with an.,in testinal trouble fros1 which 1e had sutere. beetoie.' mand for abolition of the veto power of the lords. There is a disposition on the part of the liberal side to give the peers a longer time to debate the veto bill, possibly even to the extent of admit ting a reasonable amendment, provid ed thjis did not interfere with the principle of the hill. Mr. IBalfbur has no. set the seal of his approval on the "adoption of "American dollars" as a unionist elec tion motto. The Standard, in an edi torial, declares there would beano con stitutional crisis but for this Amer ican subsidization of the nationalists. "nf is Redmond's, not Asquith's crisis." says the paper. ',Redmond's patrons are not the poor, like Par tiell's. but the affluent. It is the American tbusinesS man, the American capitalist and millionaire who are financing the home rule party for pur poses of their own. They do not live in England and they ,want to prevent the adoption of tariff reform." DEATH IS RESULT OF SPIRAL GLIDE Ralph.Johnstope, Holder of the World's Altitude Record for Aero planes, Falls 500 Feet"While Performing One of His Daring SFeats at Overland 'ark in Denver. Denver. Nov. 17.-With · one wiqg tip of h;s machine crumpled like a piece "of paper, Ralph Johnstone, the brilliant young aviator, holder of the world's altitude record, dropped like a plummet fromni a height of 500 feet into the inclosure at Overland park avia tion field this afternoon and was in stantly killed. When the spectators er6wded about the :nce',:r-, reached him, his body lay ben( atl) the engipe of the biplane wtth the white. plpiue that had feiled him in his" tfim dt need, wrapped about it like a shroud, Nearly every bone in his body was broken. He had gambled ivith death once too often but he played *the game to the end, fighting coolly and prim ly to the last second to regain con trol of his broken machine. The Fatal Spiral Glide. Fresh from his triumphs at Belmont part, where he had broken the world's record for altitude .with a flight of 9,7j4 feet, Johnstone attempted tp give the thousands of gpecta±tors Wvh stood with craned necks to watch him add an extra thrill with hip most daring feat, the ppiral glide, which had' made lthe Wright aviators famous. T)k spectators got their thrill, but it cost Johnstope his life. T7e fatal figyht was the second Johnstone had made this afternoon. Ini the flight w lin he was in the air with ot si and Biookins hlie iad gone #~rougb his usual prograoni o dF iap and d his machine appnarently uld r pertfct control. Then Johsatone "oa pgain and after a few la Ue f ea to .g.n a height, headed toward the fobthllls. Still ascending, he" swept back in a big circle and as se r ched the north end of the incTosurre' i started his spiral glide. He was then at an altitude of about 800ofeet. With his. plane' triteQ at an ang.~ of al mos) 90 degrees, he swoop~i down in a narrow ircle, the aeropl~e seenm Ing to triiin almost in iteta!e'.i length. As he started the second circle the middle. spur, which braces the left-side of the lower plane, gave way and $he winag tips of Both upper and lower. laneis pided up as tbough the) had been hipged. For a secoljt J.knstone, attempted to reach the plane ' warp intg the other wing tip. then t.he hor rified spectators saw the" pIa swerva OREGOI'S LWI IS BItNE'S SUBJCT SENATOR FROM COST DELIVERSR ADDRESS ON 8S'TEM OF HIS STATE. 1S BEST IN THE WORLD ,elares the Initiative and Referen dum, "the Keystone of the Arch of /Popplar Government' and Sets Forth His Belief-He Gives a Clear and' Concise View of How it Works Out. Philadelphia, Nov. 17.-An exnnsition of the much-discussed "Oregon sys te(m," which he declared to t. the "best system of government in the world," was the contents of an address deliv ered by United States Senator Jona than Bourne, Jr., of Oregon, before the American Academy of Political and Social Science at its opening session here tonight. The senator declared the initiative and the referendum "the keynote of the arch of popular gov ernment," and set forth in detail ijle reasons for his belief, analyzing, as well, the other features' of the "Oregon system." In his address, Senator Bourne ar gued that the initiative educates and develops the people by compelling them to study public questions 'and placing upon them responsibility for all laws. It gives every man an op pbrtunity to submitahls 4deas to the people, provided 8 per cent of them .believe their ideas worthy of submis sion to popular vote; ths, tie speaker argued, there is a tendency to lift all the people to the plane of the most advanced. "Laws proposed under the initiative," said Senator Bourne, "'are not subject to amendment, and, therefore, cannot be made the means of enacting 'jokers,' as has often been donie iri the 'case of measures enacted by a legislatu'e. Legislative blackmail and grants, of special privilege, are m e impossible by the referendumn." Oregon Is Satisfied. 'The people o'f Oregon are eatisfied with their system of direct legislation, (Continued on Page Six.) like a wounded bird and plunge straigh toward the earth. Johnstone was thrown. from his seat as the nose of the plane swung downward. He caught one side of the wire stays between the planes and grasped one of the wooden'braces of the upper plane with both hands. Then; working with hands and feet, he fought by main strength to warp the planes so that their surfaces might catch the air and check his de scent. For a second it seemed to; the white-faced spectatorq, almost under him, that jie might succeed, for,7the football helmet he wore `blew off and 'fell more rapidly than the plane. The -hope was only momentary, hoWever, for, when only about 300 feet from the ground, the machine turned completely over and the frightened spectators fled wildly as the broken plane and the tense-faced boy, still fighting grimly 1 its mesh of wires and stays, plunged among them with a thud and crash that could *be heard over the big field. Sensation-Mad Pqople. " Scarcely had he hit the ground when sensation-mad brutes, both men and women, swarmed over the wreck age fighting with otie another for souvenirs of the terrible occasion. One of the Jaroken wooden stays had thrust its jagged end almost through John stone's body. Before the doctors er police chuld reach the scene one man had torn .this splinter from the t cryshed and nmangled body' and rin gleefully away carrying his horrid Sttophy with the aviator's blood still dripping from its end. Frantic, the I crowd tore away the canvas from I over his body and !ought for the very gloves that had protected Johnstone's lHands' from cold. r The machine fell on the oposilte side of the field from the grandstand alid there were fewi near the spot but llhysicians and polce' were rushed ii roses the field. ' siysiciaus declared a that death wal tiihtantaneous, as a Johnstone's back' a.d legs ' were' brloken, the bones of iti thighs being r ftr&ed through the hlesh anti the' I lather garnieita 'e wotre. 8 Arch ' xsey, oia n a previous - flight thfib afternm.onm d reached an - altitude' of 3.59 f.gt had risen just. a ýefore Johnstob b hi)s fatal glidq LIFE OF TOLSTOI HANGS BY THREAD The Tolstoi home at Yasnaya-Poliana and Count Leo Tolstoi Astnlpoa, Russia, Nov. 17.-Al though hope has nIot yet been given lIp, the attendants of Col.nt Tolstol recognize his life is in the balance and that although the strong constitution of the great Russian has carried him through other grave struggles against disease, his system has become so weakened and his heart has reslponded so feebly to restoratives that it will be almost a miracle if he recovers. In the early stages of the inflanl mation of the lungs, from which he is suffering, it was the temperature that gave cause for anxiety; now it is the heart. The patient's temperature was not particularly high today, but the heart action' was extremely bad. Tol stol alternated part of the time be tween unconsciousness and delirium. Early this evening it was announced the inflammation had beer confined to a comparativelyt small section of the lungs and that expectoration was free. The heart, however, caused con stant anxiety. Strophlantus, a power ful stimulant, was administered. Oxy gen was not resorted to. The physi cians have issuedl frequent bulletins, in which they refer to the persistent temperature. A clyster was admlnIs tered as a means of relieving this, and as an immediate result' the pa tient's temperature fell frqm 101.5 to 100, less, however, than as expected. Temporarily, there was easier breathing and the pulse dropped slightly. The patient faced a critLicai night. An exhortatory telegram ad dressed to Tolstol by Ahtentis, metrO politan of St. Petersburg, presiding over the synod, and the departure of Bishop Cyril for Astapov marks the extreme solicitude of the Church to gather Tolstol into Its folds. and was in the air when the accident took place. As he swung around the other end of the coturse he saw that Johnstone hall fallen and guided his machine directly over the body of his friend. He descended as soon as he could bring his plane to the groutid and ruphed to the wireckage where he and:'Wtalter Brookins helpied to lft the mangled body lnto an automobile which brought it to the city. SMany of the spectators were watch ing Hoxsey A flight and 'did nrot see Johnstone's' machine collapse, - bt a ~,oman's shriek. "My God, he's gone," drew every eye in time to see the doomed man dashed to death upon the ground. The band In the grandstand, blaring away under contract, never ceased to play and Johnstone's body was driven out of the inclosure with the strains of "A Grizzly Bear" for a funeral march. It would seem that many incidents had happened throughout the avia tion meet to warn the ill-fated avia tor. Yesterday in alighting, Johnstone broke the left wing of his machine against the fence. It was the same tip that gave way today and caused his death. Today when he started on his first flight one of the wheels on which the aeroplane rlPs along the ground gave way and he had to have it replaced. As he prepared to start for his last flight a fox terrier that had broken through the fence, sta tioned himself directly in front of the machine and, barking frantically, re fused to be driven away. As the ma chine rolled down the track one of the wings swept above' the dog, which pursued the machine until it lifted into the air. Believed H. Understood the Air. It discussing his flights in this rare atmosphere yesterday with a repre sentative of the Associated press. Johnstone declared he would attempt no "slUnts" here, as he considered it too dapgerous. Evidently, however, he believed he had solved the prob lems qf this altitude .whe. he dropped his n~miline. " Tfoxsey's durhg ight far oier 'tee foothills seened to'i r fired 't 4 wi a determbnat io outdo h's teamsaate, for the first ; Viral ,wi~~ I b Ina f s4y. 4# At the time of the writer's serious illness at Crimea in 1900 a similar ex hortation was sent to him and secret orders were dispatched to Crimea to allow only the representatives of the church entrance to the bed chamber during his dying minutes, as the synod had determined at any case to bury him. On that occasion, when he regained consciousness, Tolstol dictated the following reply to the clericals: "Even in the face of death twice two makes four." Would. Re-Enter Church. St. Petersburg, Nov. 17.--It is re ported that Count Tolsto desires a re Instatement in the Greek chutch from which he was ex-communicated fol lowing the publication of his work "Resurrection" in 1901. According to today's papers the holy synod held a secret session yesterday at which tl}e relations of the count and the church were discussed.' - op Parthenqs o£ 'uia,i who vi$tV~d.t novelist last stirhitmer, partlcfpa.e~ d . the deliberationis and later told re porters of the press that in his opin ion thclre was no doubt that Count Tolstol wished the withdrawal of the church's Interdict. EDUCATORS MEETING IN THE WTY OF MORMONS PEDAGOGUES FROM 30 STATES DISCUSS PLANS FOR UNI FORM CERTIFICATION. Salt bake City, Nov. 17.-More im proved methods in determining aa tional standards. for teachers in the public schools and a uniform. Inter state certification are the ends sought by superintendents of Instruction' and commissioners of education who, as representatives of more than 30 states, met here today in a conference that is expected to last thropgh the re mainder of the week. Prominent among the delegates In attendance is Dr. Harlan Updegraff of the national bureau of education. In his address to the conference today D}. Updegraff predicted that results of far-reaching effect upon the future plans and world of the nation's edu cators would follow from the discus slbns. Governor Spry delivered an ad dress of welcome at the opening ses sion today. 3n his address, which occupied most of the business session today, Prof. Updegraff said that 28 states recog nize certificates issued by other states. with various limitations, while 20 do not. in the United States there are 542 different forms of licenses for teachers. To establish common stand ards of proficiency and unify the cer tifisltion system the United States bureau of education has prepared a t plan which Prof. Updegraff explained. RUMORS OF MEXICANS CROSSING THE BORDER M Dl Paso, Nov. 17.-The editor of the .Marathon Hustler wires the following ttonight: t "The deputy sheriffs at Marathon, Texas, telephoned that an armed band o f 60 Mexicans has crossed the river S.near there and is marching on this t town. Four scouts have alrea4y been 0 Started toward the river, and in the p .eaatime the town officials of Mara t tbon are raising armed men to protect mthe people." - Mafpthon is a small town east of BATTLE IEI FOR LABOR FIGHT AMERICAN FEDERATION OF LA. BOR MEETING HEARS AN IMPASSIONED APPEAL. MAY HELP LOS ANGELIS Unions of Californ;a City Are Prepar ing to Make a Fight for Their Rights and Central Body May ip propriate Money for the Purpose-. Clams Gas Caused Explosion. St. Louis, Nov. 17.-The electrical workers' union controversy, which, for two years, has been the bltterest in ternal Btrite in the history of tite American Federation of Labor, is to be threshed out finall* torrQ . late this. afternoon the eppg : made It a specidl order of buiness. Frank Duffy, general secretary of the United Brotherhdod of Carpenters and Joiners of Artlrica, preogpitated the debates which resulted in the special order, by requestlng that his side of the controversy be heard before he returns to Indianapolis tom'6rrw ' hight. After severat acrflnhl'Otid speeches, this permissipn Was, qarlQd.. The electical wM4t trs ai'e d iyilad into two camps, the ".'scaistl :.4lb the "regula.i," ` each clemoring for reco~Uptpn. by tpe Federatlon:: T joy the favor of the fiat lo* adntr; istr*tibn; but back of the socialists, 27,000 strong, is the almost unanl mous support of the Jnottfd- Mlpe Workers, the strongest' labor union in the world. $Support Loe Angles. Labor. Job E. Harriman, attorney for' the .strikers In Lor Anglees. delivered asa impassloned plqa fpr sqppqrt, < ~tee . Loes' 4nt#es tl bor th ; p oba.geis the HuOt"fi"i . r>! b Wi rep bito for the labor" lt t.c in hg i i h I- : fornia c e ity e.d t~ sd i the - ' elesa Thmes e ris er was the rd-I of a gas expaosibn, o wh cdiuld hot be helr 1 . Harriman recete enthý stcp plause ht the coneui and ia 'peaf iote ot f presentatlon ' the matter ot aidlng fh trade ninion 'the li f .t Ill -let bands of a cnmmi tee iIt6lh will ,-.e port; next week. It ie sid the Fd eration delegates Arb Almost agm mous in support Of a: psrdp4 tiosaistd i make the weatern CItut the battlE ground. of the labor strugl4. it' toe United States. Appropriate Milio~s Los Angeles, Nov. 17.--"'The .mer. lean Fedefation of LAbbr will a ipr priate millions, if, necassary to uliloh ize Losr Angeles. ' Th4as- ive the declaration contained in a -telegram received tod.l, ton Johannsen, one Lf the witne s before 'the' speojail .w W h is .investigatiln9 tlhe s n, from Olaf:= Tvei4moe, secretary and treasurer of / the California styte building tadp coucil, who left 4ps Angeles kfst qk. 'tr vi~a.. et - rneey in the hileged .nit.t!nf , td attend the con regtiop pI the na tional labor organisa.on *tii. t.` Louts. In the telegram Tvei. Oe e further tltht tigi # e i with satlsfaotion t e p, moVemeqt- to slrengtbes.to labor unions ih Los Angeli., Johannsen had planned to do wt1 Tveitmoe to attend the St. t,64i labor gathering, but .the grand fiiry refused to give him peip.lssj.a to leave the state, although it exte4~td to Tveltmoe the privilege of apntntl inr his testimony upoti . return from the convention two weeks bence. INM SIfAGO TROUBLE COMES TO WINDY CITY WHEN POLICE TRY TO Di1. PERSE STRIKERS. Chicago, Nov. 17.-- teewed rioting today, in which one policeman was shot, disturbed the comparative peace that recently has marked the garment workers' strike. More than a score of strikers, most of them 'women and girls, were arrested and sqveral pd licemen were Injured. Thomas Flowers, a private detective, was shot while aiding the police dis perse strikers at Fifth avenue sia Harrison street. The strikers Were saig to be on their way~ to break into tfe plant of the Royal Tailors, w.ere non-union help is employed. Flofere. joined the police in a demand that t,4e strikers disperse. l'stead, one of the crowd fired into the platoon of police. Ipen. The injured .mnean t . a thorse +- a Mr " '' * poi4a, a striker, war A revolver, wi% e 7ty4. cently 41icharggd P~3si).