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The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, June 05, 1903, Image 1

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PRICE TWO CENTS.
TIME FOR WISE
! MANAGING AT'O'
r3 #* Regents Accused of Trying to Freeze
Out Two Veteran Pro-... *'v*
feasors.
Three Resignations "Will Be Nec
essary" at the School of
Agriculture.
Charge Made That the "TH Is Mere
Training School for Money :
Makers.
Alumni of the University of Minnesota
are protesting vigorously against the re
cent "star-chamber" sessions of the board
of regents and the sweeping reductions
of departments and salaries made at those
meetings. Reporters have always been
excluded from the meetings of the board
but were never refused a full report of
the transactions until recently, nforma
tion concerning the last two meetings, as
given out by the secretary of the board
was so meagre that the indignation of
' university partisans and alumni has been
aroused. They have not been slow to
criticize the regents and now that the
university is closed and no news whatever
is available, the protests become threat
ening-. The Alumni Weekly says the board
of regents is a public body and that the
public has a right to know everything that
is done in its meetings. "The very si
lence of the board," it says, "is ominous.'*
The public, does know, however, that
the departments of exeprimental psychol
ogy and of art have been abolished and
the, salaries of several instructors reduced.
"While there is no official confirmation of
the report, it is believed that the members
of the faculty thus affected are Professor
Jabez Brooks, who has been placed on
the footing of a professor emeritus, and
Professor Maria Sanford. One report is
that both have practically been pensioned
on reduced salaries, but Stephen Mahoney,
secretary of the board of regents, states
that this plan has not been considered. As
to what was considered. Judge Mahoney
I
has nothing to say. and the persons af
fected naturally will not discuss the
matter.
Other members of the faculty are out
spoken In their condemnation of the re-
| gents' policy. One instructor said to-day:
This is the board's method of ousting
It,
those professors whom the regents no
longer desire to retain. Instead of re
leasing the teacher they abolish the de
partment and undrmine the strength of
! the institution.
| The object of the whole action is to
turn every department of the university
into a training school for money makers.
If the instructors are not wanted, why
are they not released in a business-like
manner and not starved out? These ac
tions will be very detrimental to the uni
versity's progress."
An alumnus in a communication to the
Alumni Weekly says that "there are some
students who come to the university to
pursue knowledge for the sake of knowl
edge and not to develop their money
making faculties. The board- puts a dam
per on such aspirations by abolishing
courses not, entirely practical, but rich
in the development of originality, it is
equally as necessary to prepare high
minded teachers for our state school aa
It Is to perfect students in the art of fat
tening pigs, and the course in psychology
should be maintained as a means to that
end."
Agricultural School Friction.
In line with the action in other de
partments, but perhaps even more dras
tic, was the oaction of the regents af
fecting the agricultural school.
'The report that the effort to compass
the removal of the principal of the school,
Professor F. D. Tucker, had resulted only
in an indefinite postponement, seems to
have been an error, for it is stated to-day
that the regents, after a stormy discussion,
not only included the name of Professor
Tucker in the list of those whose heads
should fall, but also those of Mrs. Vir
ginia C. Meredith, preceptress, and Pro
fessor E. W. Mahood, who teaches mathe
matics, has , charge of the gymnasium
work and oversees the dormitory. It is
said that the board of regents adopted a
resolution saying that the resignations of
these three "would be necessary."
Close on the heels of this is the an
nouncement that the action has stirred
up some of the alumni. The talk about
the matter indicates that while outwardly
things at the agricultural school are
calm, under the surface there have ex
isted possibilities of trouble which the
action of the regents may make the most
of.
All this points pretty clearly to the
existence of faction at the school, on one
side led by Dean Liggett and on the other
centered around Professor Tucker.
Jealousy Hinted At.
One man who has followed the course of
affairs at the school closely says that the
dean governs the school as he would gov
ern a regiment of militia, and that he
was somewhat jealous of the influence of
Professor Tucker as principal. This is
given as. ground for the proposed removal
of Professor Tucker a year ago, which
felled.
A year ago, it is said, Mrs. Meredith
was in favor of separating the schools for
boys and girls. This, it was asserted, was
that she might be made head of the girls'
school and have equal rank with Pro
fessor Tucker. The dean, it is said, was
in favor of the division, as it would re
move any shadow of doubt as to his
authority and would reduce the influence
of Professor Tucker. The plan could not
be - out thru, however, and growing dis.
satisfaction with Mrs. Meredith is said
to have resulted in the recent action. In
deed, the regents are thought by some to
have become tired of the friction which
every now and then cropped out at their
meetings and to have decided to end It
by adopting a resolution which would
leave these in question no recourse but to
resign.
' (
~\
Professor Mahood's Case..
The case of Professor Mahood is purely
incidental to the other difficulties It is
said that an effort was made to get in
formation from him regarding Professor
Tucker, and that he simply referred his In
quisitors to Professor Tucker, whereupon
offense was taken. However, it is said
that Secretary Vye of the school, who has
*jL "
K\
- the bookkeeping class, made a report re-
| ^'fleeting upon the knowledge of arithmetic
|$iw of a bookkeeping class, only 10 per cent
%| of whom passed This seemed to indicate
&$$ that Professor Mahood's work had not
'W&^been efficient In his defense, however, it
%J3!is said that only 15 per cent of the class
^*|in question had taken arithmetic under
f^ialhim1,
most of the class having qualified by
i cei tiflcates from the sohools from which
. '' they had come.
, ' There is talk to the effect that a certain
" - ^PTotesaor at the agricultural school had
/lt he hardihood to laud Professor Tucker
i |iat a dinner attended by alumni, at which
- /|he was called upon to speak of the school'*
' ~ principal. By his warm-praise of the prin-
- ' cipal he is said to have incurred the dis-
- " ' pleasure of the dean.
* i The alumni are said to be ready to make
) ' a protest against the action of the regents
and also against the suppression of the
, proceedings of the board,
i.
CHAMBERLAIN
AS A SPUR
i(*v ",\
v'
British Statesman Awakens Ameri-
y$ 6an Interest in Canadian.
- J .: '
4Jt
^ Treaty.
While the British Talk We Should
^ - Act Now Is the
1
A.W.MAGHEN
IS INDICTED
Washington Grand Jury Keturns a
True Bill Against Him on a ,
Bribery Charge.
He Is Accused of Having Accepted
$20,000 in Bribes From Groff
Brothers.
Washington, D. C.June 5.-4August W.
Machen, former superintendent of the
free delivery system, has been indicted
on a bribery charge. The indictment was
returned in open court this afternoon, Mr.
Machen and his attorneys being present.
It embraces nine counts and consists
of twenty-five typewritten pages. It fol
lows closely the form of the warrant upon
which Mr. Machen was originally arrested,
reciting his connection with the post
office department, his duties in connec
tion with the purchase of supplies, etc.,
and the fact of the sale of letter box fas
teners to the government by Groff Broth
ers upon his advice and recommendation.
The grand jurors upon their oath find
that upon June 30, 1900, Mr. Machen "with
intent to have his decision and action
as superintendent of free delivery in re
gard to a- purchase of Groff fasteners in
fluence thereby did ask of Groff Brothers
a promise that they would pay to him 40
per cent of any sum which "might be re
ceived by them'thereafter from the United
States thru the postoffice department in
payment of such fasteners, the purchase
of which might be procured upon Mr.
Machen's advice and did receive the prom
ise of the Groff Brothers in accordance
therewith."
The indictment then recites that In pur
suance of this collusive understanding Mr.
Machen received upo nthe various dates
specified in the original warrants the sums
stated at that time, aggregating In all
about $20,000.
MORE MONET FOE POSTMASTERS.'
Washington. June 5.The salary of the post
master at Bismarck. N. D., will be raised from
$2,100 to $2,400 July I on account of increased
receipts for the paBt year. The salary of the
postmaster at Rolla will go np from $1,200 to
$1,300: at Soris. from $1,300 to $1,400. andV
WiUiBton from $1,200 to $1,400. On thte same
date Charles A. Swanson willw bwe a
rural carrier at Cnrrie A. Downs
SuTUonfs^D*11
FRIDAY EVENING, JUNE 5, 1903. 20 PAGES-FIVE O'CLOCK.
FOREST FIRES^ ^'
BAGE FIERCELY
Several Towns Wiped Out in New
- Brunswick and Hundreds
Are Homeless.
Reciprocity, s^-v^- *,*,
Minnesota Taking the Leadt in Cam
paign for Canadian
x *y
Thousands of Acres Burned Over in
the EastLoss Is Enor-
wise took their umbrellas out for the day.
The smoke was dense enough to make
sensitive eyes water and to tickle sensi
tive throats.
The sun was not wholly invisible. When
it was doing its best to penetrate the
gloom the air took "on a hue almost like
a lemon.
Saratoga, N. T., June 6The sun is
obscured to-day by dense smoke and ashes
from Adriondack forest fires. KepOrts
wh,V?h reachied he^e to-day from the
Cattlin Lake region are that the fires cov
ered a territory fifteen miles in width and
twenty miles in length, and are still
spreading despite the efforts of hundreds
of fire fighters. The heat is so intense
and the smoke so dense that the fighters
cannot approach with in two miles of the
fires. Navigation on the Adriondack lakes
is practicality suspended.
A steamer with a gang of Are fighters
has been missing on Long Lake for three
days. The fires in the Cold River region
cover twenty miles square. .
from forest fires produced a pronounced
yellow atmosphere here to-day. The sun
was visible, but it had no more power
thru the smoky pall than on a cloudy day.
The smoke was sufficiently dense to cause
discomfort to those having sensitive
throats and eyes.
It is forty-seven days since rain in any
appreciable amount, has fallen in this sec
tion, and during that time the losses from
forest fires in New England have aggre
gated at least $1,000,000.
At least 1,000 men are fighting, forest
fires in Vermont, yet thousands of acres
of valuable timber land have been burned
over, and there is little prospect that the
fires can .be checked until rain falls. . .,
St. John, N. B., June 5The villages
of Frince of Wales and Husquash, twelve
miles from St. John, have been practical
ly wiped out by forest fires. Thirty-seven
buildings were destroyed including the
Dunn pork packing establishment, Survey
or General I^night's big lumber mills and
stores, the Episcopal parsonage, the Rom
an Catholic chapel and the Shore Xine
railway station.
Four railway bridges and one highway
bride were destroyed besides a large
amount of lumber. Over 300 persons are
homeless and destitute.
-Along the Drummond" section of the
Inter-colonial the fire is also serious.
Forestdale and Aston Junction have been
wiped out, as has also Bullstrode on the
Doucets la,nding branch ^ of , the Grand
Trunk railway.
f
OHIO PLATFORM
Wm. E, Curtis Says Hanna Didn't
Hays Things AU His Own
SgW Wif.
The Platform Says a ''Timely Read
justment of Schedules" May
Be Necessary. -
mous.
New York, June 5The densest and
most remarkable drapers' of haze ever
seen hereabouts dimmed the sun yester
day. The drapery was part of Maine and
Adriondacks forests reduced to ashes and
vapor. There was a wierdness about the
aspect of the sky and earth and at times
it approached the ghostly. Early risers
marveled at the grayish yellow tinge of
the world and odor of burning wood.
Those who had seen forest fires in this
state and the east said they could smell
burnt spruce. Those who were not so
Time.
New York Sun Special Service.
Chicago, June 5.Walter Wellman, in a
Washington special to the Record-Herald,
says:
Mr. Chamberlain's big scheme for reci
procity within the British empire is act
ing as an impetus to those republican's
in the northwest who have been ardently
advocating reciprocity with Canada. "If
Canadian tmde is worth such an extreme
measure in order that it shall be bound
more closely by England, why is it not
worth as much to us?" these men are
asking. It is not only Canadian industries
as they now exist that Is producing that
feeling, but Canadian industries as they
are bound to develop in the opinion of
some republicans that cause them to de
sire to take time by the forelock and
enact a reciprocity treaty that the Can
adians would welcome and which In their
judgment would be beneficial to this
country as well.
Minnesota In the Lead.
The Minnesota branch of the National
Reciprocity league has taken the lead in
advocating such a reciprocity largely for
the reason that men in that state are
perhaps more interested in such a policy
than any other section of the country.
"We should jump in as soon as possible
and complete a reciprocity arrangement
with Canada," said Mint Director Rob
erts. "While the British are talking
about it we should act. Canada is ready
to make a fair deal with us and our
statesmen should improve the opportunity
before it.is too late."
The Wheat Argument.
In wheat alone the Minneapolis advo
cates of reciprocity believe they have suf
ficient argument to control the situation
if there were no other reason for such
action. There is now a tariff of 25 cents
a bushel on wheat entering this country
from Canada. That is sufficient to send
the wheat in grains to England, There is
no reason, it is claimed by the Minnesota
people why this wheat should not come
to this country, be milled in Minnesota
and then sent abroad in the form of flour.
It is also claimed that if Canadian wheat
were to come to the United States to be
ground into flour, the result would be,
.with an elmination of Canadian duties on
imports into that. country from America
that the equivalent of the wheat coming
into this country from Canada would go
back in the form of manufactured arti
cles.
MMM9M*Mi
Mr. Hay's Report.
Eugene Q. Hay of Minneapolis, counsel
of the Minneapolis branch of the National
Reciprocity league, was recently in this
city charged with making a study of the
past and present commercial relations of
Canada and the United States. He has
since submitted his report.
"I believe," says Mr. Hay In this report,
"that If the business interests that are
in favor of and will be benefited by Can
adian reciprocity will use In the full'meas
ure the Influence which they have in intel
ligently directed effort we will be operat
ing under a satisfactory treaty before the
beginning of the year 1905, and Minnesota
will ha.ve entered upon an era of pros
perity unequaled in its history."
But Hay recognizes that reciprocity has
a hard road to travel in the senate. He
believes, however, with the campaign that
is being carried on in all the states along
the Canadian border, and especially In the
west by those who favor reciprocity with
Canada, that when the next congress
meets the conditions will be more favor
able for affirmative action in this re
spect than ever before. It is believed by
those who argue for reciprocity with
Canada that the more Mr. Chamberlain
pushes his tariff ideas in England the
more favor will that policy receive at the
hands of the American congress.
While Hanna Would Have Preferred
an Unequivocal '-Stand Pat" -
.. Announcement.
New York ft
Chicago,. Ji
a Washington)
aid, says:
Unless leadl
THE CONSENT OF THE MOTHER COUNTRY
Mother may I go out to swim?
,Yes, my darling daughter
Hang your clothes on a hickory limb,
But don't go Hear the water!
MWWWMM.mMHMMMIHMimmMMtMl.MlMBMMMM.IMI
Loss Reaches $1,000,000.
Boston,
Jun.e 5Fo.r
Towns Wiped Out.
l~ j?
^ at Tltroyed and several deaths are reported*
4
GCOrg. BMlnn..Wlll
*
^-''? ?
The General Situation.
Fires are raging and have occasioned
heavy losses in the Adriondacks, in Maine,
in the province of Quebec , and elsewhere .
No rain lias fallen for weeks and the for
ests are burning like tinder. Millions of
dollars worth of property has been des-
Ba Mappointed
a
a
$S$S
A COMPROMISE
BYRON CHURCH
WAS BLOWN UP
Dynamite Used to Destroy Baptist
Denomination's Edifice in the
Little Town.
Threatening Letters Had Passed Be
1 cause of Bitter Feeling Be-
cial Service. '
5.William E. Curtis in
ecial ^o the Record-Her-
repuhllcans in this city
tween the Sects.
Special to The Journal.
Rochester, Minn., June 5.The Baptist
church in Byron was blown up by dyna
mite at 1 o'clock this morning.
There has been bitter feeling among
the churches there for a year, or since
the Baptist minister, Rev. Mr. Utton, now
of Lanesboro. resigned and united with
the Methodist church and began preach
ing for that denomination.
The Southwestern Baptist association
had just closed a three-day session and on
Wednesday evening Rev. Mr. Ness of Wi-
IMMMHlMMMHIWmMIIWlMMMMMMUMHmMllMMIHMMlHMMIMl
are misinformed Mi*. Hanna did not have
his way with the platform of the Ohio
convention. It was understood- by his
friends here that he would sound a "key
note" and set the gait for other republican
conventions to be held hereafter. As is
well known, Mr. Hanna is a "stand pat-
ter."
- VHands off the tariff" is the motto he
desires to have the republican -party
adopt, and "keep on letting well enough
alone" has been the text of his speeches
and his private talks with politicians of
his party. It was confidently expected
therefore that the Ohio convention would
take positive- grounds against any "mon
keying with the tariff," as the senator
is in the habit of expressing himself.
Nevertheless, and notwithstanding the
platform as presented by Representative
Dick, Mr. Hanna's next friend, and unan
imously adopted by the convention, de
clares that "campaigning conditions and
the possible benefits of reciprocity may
call for timely readjustment of sched-
ules," altho- faith in the policy of protec
tion is proclaimed.
Steamer Is Lost.
Hanna Has Been Warned.
Senator Hanna and the other "stand
first time in
patters" have been repeatedly told that
.. .the . ^ , they are taking a good many chances
many years the density-of the smoke whe he y dlr e
"r
where the Jews are permitted to aettte and ac- register and ?l.sU
quire realtyi'^ "J**. ^-r^-r-^"e-^'l-.' - , the players, ^^r
^^L^^uk^^^^
nona, state president, preached a sermon
on Baptist doctrine. The following morn
ing he received several unsigned letters
of indignation and threats.
Rev. Mr. Risinger is now the Baptist
pastor at Byron and the citizeins of that
place are very indignant over the trouble.
The parsonage was not damaged.
Byron is a small town twelve miles
west of Rochester. It has two churches,
the Baptist and Methodist. A late report
from there says it is believed a dissatis
fied member of the Baptist society itself
blew up the church.
Rev. F. C. Whitney, pastor of the Bap
tist churcli in this city, and Rev. C. T.
Hallowell, the state missionary, left this
afternoon at 4 o'clock for Byron to make
an investigation. The civil authorities
are in pursuit of "Toronto Jim," the bank
robber, and have taken no steps as yet
to apprehend the dynamiters.
"Toronto Jim" is reported to be sur
rounded in a small wood two miles out of
Rochester. Sheriff B. H. Vine has gone
to the scene. If the robber is armed there
will no doubt be a fight.
HURRICANE AT MANILA
t no modificatione shaln l bte :madeec ian ththatariff. e They hav
been warned that they do not gage pub
lic sentiment accurately, particularly in
the western states, for unless something
is done to modify certain schedules of the
tariff law and reduce duties upon articles
which no longer need the protection they
now receive the-democrats are very likely
to secure control of the house of repre
sentatives.
The wisest leaders of the party are de
termined to force the tariff issue into the.
next presidential campaign. - That is Mr.
Gorman's plan and ex-Senator Hill, as
well as the great Brahmin of the de
mocracy at "Princeton agree with him.
Mr. Gorman Is a moderate protectionist
that is, he is-opposed to free trade and
believes in the protection of American in
dustries by a tariff which shall equalize
the-cost of production between the United
States and competing nations. At the
same time, he believes that the present
schedules are altogether too high and will
advocate - a general reduction so far as
can be'-made ^without disturbing the busi
ness interests of the country.
Tariff Legislation Impossible. ?'.
But it scarcely is worth while to dis
cuss the subject. There will be no re
duction of duties. There will be no tariff
legislation at the next session of con
gress, because Senator Aldrich and the
little syndicate of which he is the great
mogul will prevent it. No financial meas
ure, no-tariff measure can become a law
without his consent, and he represents the
high tariff "stand patters" .who, .run the
New England factories. -s-fe-^Pi1*^
" w v? ! , \ A, *?
HARD OK THE JEWS. .-"* ^^*i.
St. Petersburg, June 5.-The czar has appro-red
the decision of the committee of ministers for
bidding Jews to- acquire real estate or enjoy the
proceeds thereof, except In towns within the
Jewish pale, until the laws concerning the Jews
hare been revised. There are 110 such towns
Many Vessels Are Lost and the
- Death List Probably Will ' - . -
Be Large*
Manila, June 5.A hurricane has swept
over the Philippine islands and great dam
age has been done to shipping. The United
States transport Samshui is reported to
have been wrecked. -,.
This, however, has
not been confirmed.
The United States steamer Pearla de
Visayas has been lost off Camotes island.
Part of her crew were saved.
The United States steamer Haurafel and
the schooner Mayflower have been driven
ashore off Ormoc, West Leyte, and will
prove a total loss.
THEY TOOK THE POT
Bold Bobbers Hold Up a Chicago
'' Poker Game. V:
New -York Sun Special Service. \ v v f-f"
Chicago, June 6."We hold the win
ning handput up your mits!"
Five poker players in W. L. Flynn's
saloon at 295 Seminary avenue - threw
down thei/ cards at the command and
gazed into the barrels of two big revol
vers. Behind each weapon was a masked
highwayman.
"Do we take the pot?" inquired one of
them. "The -man that thinks he can beat
us'll never play another game of poker."
"Oh, sure," said Flynn. "The house Is
yours*. Take anything you want."
The hold-up occurred about 9 o'clock
as Flynn and his four friends sat in a
friendly game in the saloon. Before leav
ing, the robbers took $60 from the cash
register and $12 0 and five watches from
att*m*#J*pi in iiiiimmni
HISTORICAL
SOCIETY.
T- - ' ' WtWeM
LAST ROUND IN m a
-MERGER FIGHT
The State's Case Up for Final Ar-
** gument Before Judge , -,
Loohren.
Attorney General Douglas Leads Off
for the State, Speaking at
' Length.
Point Hade That Recent Federal
Case Affords Precedent in
This Action.
Arguments in the state's case against
the Northern Securities merger were
opened this morning before Judge Lochren
in the federal building, St. Paul. The evi
dence taken by the special examiner is
before the court, and the arguments are
the closing chapter in this litigation, as
far as the circuit court is concerned.
No question as to the jurisdiction of the
court was raised and the case will be.
argU3d squarely upon its merits.
Atto: ney General Douglas addressed the
court this morning. He covered the
points at issue in a general way, review
ing the evidence as to the creation of
the company, its acts and its effects upon
competition. He made a brief but con
cise legal argument, urging that the com -
pany had plainly violated the state anti
trust ace of 1899. As this act was prac
tically a copy of the Sherman law it fol
lowed from the decision in the govern
ment case that this state law had been
viplated.'
The attorney general's address* was fin
ished this afternoon. He was followed by
General George P. Wilson. To-morrow
the defense will have its innings, and
when the three counsel for the railroad
companies have finished, M. D. Munn will
cirse the oral argument of the state. The
briefs of the opposing counsel are being
printed, and will be filed next week.
There were few spectators to-day. The
most prominent were Louis W. Hill, who
listened attentively. By him was Samuel
B. Thayer of Minneapolis, a Great North
ern stockholder. W. E. Hale of Minne
apolis was also within the rail.
The court was called to order at 10
o'clock and Attorney General Douglas
arose to make his oral presentation of the
case.
Douglas Reviews Merger Deal.
In opening his argument, Mr. Douglas
reviewed the history of the Northern Se
curities deal, the voting trust and the pol
icy of the company as detailed by the
evidence of its stockholders. The Morgan
Hill influence lost and regained control of
the Northern Pacific in May, 1901, and
then conceived the idea of a gigantic
holding company to consolidate the con^
trol of the two roads perpetually. This
was done in violation of the laws of Min
nesota and of the .United States. Since
that time' there has been .n^ity of. action
and unity of corporate thought, as shown
by the identical pleadings of the -three
companies. It was the purpose of Messrs.
Morgan and Hill to lock up the stock of
these railroads in perpetual bonds s& that
they would not at any-time compete. Tho
they state that they did riot intend to de
stroy competition, there - is no doubt as
to their purpose to bring about a com
munity of interest. Competition Killed.
The evidence of various witnesses, said
the attorney general, had gone to' show
that competition had ceased between
these two systems on Nov. 15, 1901. Since
that time there had not been an effort to
get business at competing points, or to
furnish extra inducements to passengers
and shippers. Applying the rule of hu
man selfishness as heretofore, this evi
dence showed the inevitable consequences
of common ownership, and its injurious
effects on the public. The state con
tended that it had the police power over
such a state of affairs. The two identical
circulars of January, 1902, were com
mented on. They compelled shippers to
ship by , the shorter route, and to abandon
the longer competing line. This was sig
nificant, coming at the same time as the
merger. It was also significant that these
circulars were withdrawn just after the
filing of suits' to dissolve the consolida
tion. The evidence of Lereh Bros., as to
taking up the side track from their farm
since the merger was consummated, was
cited. This evidence had been added to
the record to bring home to all the ac
tual injury which the public received
from the destruction of competition. The
evidence of land men showed plainly the
interests of the state, as the owner of
3,000,000 acres of land in proximity to
these lines, which is affected in value by
railroad competition.
Mr. Douglas cited a decision of the su
preme court of the United States in a
Kentucky case and the Wheeling Bridge
case, to show that the proprietary inter
ests of the state had been recognized. This
being established, the question was
whether an injury had been done by the
act of these gentlemen in New York city.
As to this, the same question was pre
sented in the Pearsall case, in which
the same powers were in control of the
Great Northern, and were attempting to
gain control of the Northern Pacific.
In this case the supreme court decided
that an attempt was being made to con
solidate the roads and It was perpetually
enjoined regardless of the stage of prog
ress to which the consolidation had gone.
The .dictum of the supreme .court as to
ownership, by individuals did not appjy to
this case, where the sonsolidation is in
tended to be. perpetual and thru an artifi
cial person. On this point he read the tes
timony of . J-. Pierpont Morgan.
Mr. Douglas said his. colleagues would
go more fully into the legal aspects of
the case. He. desired, however, to state
briefly the state's proposition as to its
rights. The state anti-trust act of ^.899
was Identical in its first section with the
Sherman act,, forbidding combinations in
restraint of trade. The.Sherman act had
been construed by the federal court as
applying, to railroads, and therefore the
state law had the same application. If
the acts0 of the. defendants violated the
=.^i. -"v ~~. ~ ...*,. .... ^ Kaw- fell nearly two feet inplatform the sameo
federaTact,* they were"also"a 'vioTation"offttt
All on board these
vessels were saved.i'j
the state law, and an infringement on-the
rights of the people of the state, guar-,
anteed by the constitution of the United
States. ' The contention that the state
has no power 6 Interfere with private
contract ha s. been repeatedly disposed of
by the courts.'
*$ '-
V TO USE THE WIRELESS
The "A. P." Plans to Report Yacht
Races Thus. '*
New York, June 5.The Associated
Press has perfected arrangements for the
use of the Marconi wireless telegraph
system In connection with the trial races
between. the Reliance, Constitution and
Columbia off-Bandy Hook next Week.
'.:- $B.i~ :*:5-a?*-
" Safe '-:
FAIR TO-HIGHT KSD'
4.ttf
WATER S RIS E
$m* A T ST. UM
Crest of the Rood? Will ftjt'
. Beached Before Sunday
- V / i,. ''3 Morning!:
za
An Army of Men at. Work in
Kansas City Bepairing '
-- * Damage.
Loss of Life at Topeka Exceeds the EstN
mates.
Topeka, Kan., June 5.The bodies of
seven more flood victims were found yes
terday. The list of known dead now
reaches seventy-one, with thirty persona
unidentified. It is the belief that bodies
are still in the river. Scores are reported
missing. The Union Pacific station has
been improvised as a morgue, and there
the bodies are gathered to await identi
fication.
North Topeka is a wreck. The water'
Is still over a great part of the town. In
the residence districts it is seven feet
deep in most places and there is consid-1
erable current. In nearly every instance
the contents of the houses are piled on
the side furthermost downstream, and'
over all there is a slime, mixed with a
little mud. This deposit varies from
few inches to two or three feet, and la
over everything. ...
From Manhattan, Abilene, Saiina, Lin
coln Center and Hutchinson come reports
that the water has about spent its force'
and that the towns are slowly recovering.
Work With Shovels and Brooms.
The river this morning was nine feet
below the highest recorded point, the
water having fallen during the-night at
the rate of an inch an hour. The ap
proaches to the Melan bridge on Kansas
avenue were completed early to-day and a
steady stream of people carrying shovels
and brooms were on their way to North
Topeka to clean their homes and stores.
The water has receded from the main
business streets for a. distance of five
blocks, north of Gordon street, and has
left an accumulation of mud arid slime
that in some cases is piled three arid foun.
feet high along the fronts of stores arid in
many of the buildings. .
In spite of the most determined efforts'
the water company has been unable as
yet to force water out over the entire city.
At 10 o'clock one wall of C. W. Thoni]
soh's store in Gordon street collapsed*
wrecking the bunilding. No one injured.
Other buildings are reported In a wesJCi
condition.
ta&t
f.'
Waters Recede at Topeka and Dis
close Numerous Dead Bodies. ^
in Their Wake. [
'|g *
St. Louis, June 6.The river this
morning attained the stage of 38.5 feet,
a rise of 1.4 feet during the past twenty
four hours. The crest of the flood, which
is expected by Sunday, will be 36 feet, and -
may go even higher, as the rivers north
and west are still pouring in their quotas '-
of water ,
In North and South St. Louis the river
is several miles wide. Along the .river ,
front it is onoroaching on buildings, mak
ing necessary the moving of household
goods and business stocks.
The Wabash suburban tracks, which
run along the top' of the levee and which "
yesterday marked the boundary line of
the advancing water, are covered this
morning and the water extends to the
sidewalk and in depressed places laps at
the foundations of the buildings. The
wharf-boats have been drawn in so close
ly that planks for dry footing extend from
the doors of buildings to the boats.
The river stage has reached a height
that makes it impossible for the larger
steamboats to pass under the Eads bridge
Which at low stage has eighty-eight feet
clear below its middle span.
The river, altho out of its banks, and
in places as wide as an inland sea, is
rising more rapidly than at any time since
the present flood began. The flood has
reached a stage where barriers have been
surmounted and every additional inch In
creases the menace to life and property
out of proportion to the actual amount of
the rise. - ^
At 10 o'clock the government gage at
the foot of Market street showed 33.8 fe6t
above low water mark, or 3.8 feet above
the danger line. Every hour increases the
present and prospective property loss in
St. Louis and every hour increases the
peril of the cities on the east side.
- ".Danger to Levee. .. '
To St. Louis nothing worse can hap
pen than the gradual encroachment of the
waters over, the lower portions of the
city. The Madison levee is all that,holds -
back, the waters at their barriers ready to'
spread destruction thru the east side com- '
muni ties. It is claimed that this levee j
is capable of withstanding 38,feet. Whani
the water reaches 36 feet or even 35, it is'
feared that the constant washing at thej
base o. fthe artificial hank'may cause It'
to crumble and
WATERS FALLING FAST
Army of Men Repairing Damage In Kan*
sas City. .
Kansas City, June 6.The. rivers here
are now falling as rapidly as they rose be
fore the flood. The Missouri has fallen a
foot and nine inches in the past twenty
four hours, and at 7 o'clock this morning:
the government gage reached 31. The
''
.-.- - U2..-sS'v'-1.
TBOTTCsLE FOE XQ?E POKTE.
Vienna, June 4.A -dispatch tothe ZcU fron
Constantinople says that Mr. Lelshman, the
American minister, threatens to sever diplomatic
relations with the pprte unless the sultan's rerbal
promises to allow an American scientific expedi
tion to conduct excavations in the valley of the
fiuphrates Is redeemd,, ^ _ ^^ ,
B V Saturday , noon the f
Union depot, the high point, will likely
be partially- above water.
Permanent wire communication was
opened up between the two Kansas Citys
to-day for the first time since Sunday, and
this will aid wonderfully in the work of
restoring order.
The. several hundred refugees from Ar
mourdale and other districts who have
been housed in convention hall were re
moved to-day to tents in the southern por
tion of the city because of the unsanitary
condition of the hall. ,
.At the stockyards 2,600 hogs and SOU
cattle were drowned. A force of men * is
at work removing the carcasses. The cur
rent thru the stockyards districts flowa
ten miles an hour. This makes it difficult
to get about, the ^water being till deepf
but the stream carries away the refuse
promptly.
. Death List. Small.
Most of the missing persons are becora
irig accounted for-and It is thought tha
total dead will not exceed eight persons.
^estimates of the damage done by the
flood are reducing. A t first they ranged
from $10,000,000 up, but now they are all
1 much below that sum. The greatest loaa
v
l let th* 'flood loose.. ^.
, The chief menace to East St. Eoulsksfl|i
aside from the Madison ..levee breakwater?
breaking, is the back water of Cahoidai
creek. For Several days the water-has-,
been rdsbing-ia-p this stream from the i
Misslsslppr*ith, the speed 'of .a--'mill race
and spreading wherever it could find a o
outlet.
Two hundred men are working inces-,
saintly in the vicinity of Mitchell, El., ta.
prevent the Mississippi from breaking
thru the Madison levee and inundating the
country surrounding Granite City.' '
SEVENTY-ONE KNOWN DEAD
:! ~

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