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The Salt Lake tribune. (Salt Lake City, Utah) 1890-current, December 03, 1912, Image 1

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Ull J Fir Tuesday and wodncsday. M Wyk livlk gjlgLjj t 1 I VnW' 1 fTOk ll 'W lT Wsk kM HlN fllvlk Wants ni'o quick m action
r s,iil Lakc Metal Pr,CCS: -T m if I II r 1 JT II 11 S m& 1 (i I i I I 111 11 I 11 I' and cost but a niiniuimn.
iKslllil ffJJv W WjWk Jv Jll IMP Aak ful'i;;";"e"ani-1
Central Pacific Can Be Retained, But the Southern Pacific Must Go I
iistice day
Deads opinion
1 of tribunal
ft or a j
the ii; j
bcii4 1 Judges Who Partici
iKate in Case Concur:
purchase of 46 Per
f";ent of S. P. Stock by
J. P. Is Declared a Vio
lation of the Sherman
J"? law's Prohibition of
S; Sombihes Restraining
S ade.
cut 1
sfatf, J
rati j?
wA sclaration Is Made
.JSpiat "While the Law
' lay Not Be Able to
Enforce Competition, it
5pan Reach Combina
iTclbns Which Render
'noncompetition Imprac-
liable." -
id bin
cniiiiITAf?lII.H.TOX.. Dye 2. The
RDmJ'' '"C'Li' i'sirrinian merger
created when thc-Uniou J'a-
ST Clni' Ivailroad company
; 'J11 4(5 I'CI' olC tlH5 Kt',c Of
ilitV woiilliern Tallin system, was split
Confl ider today by tlic supreme court of
K J101 Status as a viulaliou of tho
in lb :ninn anti-trust law.
beic w,th ul of the merger 1)0-
conoj it, the court sent forth its
piff , .
c aJ Sutous decliimtion that "while .the
The nl 'JC :ibl l" 0,,r''cc oom-
l.dort r'0u Cil" reach combinations
"iffiS1 r-"'k'r competition imprac-
or J j,e;""
Jok's View Approved.
iti&tiet D"y annicil the unauim
,o jopinion of the court. Justce
vbbeM0autcr ,ook " Part in the. con
;iouV ration of the ease today, but his
'xSiBitVal fimU"K whc" "ic whs circuit
ioin cf to the effect that the two roads
KlpC" not' foLHLilora, and therefore uo
iUou of tho law hud resulted Jrom
jsisitf-rjmreliuso. was revcrsod ami an-
OBA! "eutl of f0,lcnvill Hie reusoniiiH
4I'S ?fcici' v,lduvn,"r l JudgaSau.
i i ,l"tl jV,a"ls tle court. : in " sub
JroS S' ,'l)nrov,-'d ni"Ority holding
fSxnfil itdRU ll0'k tl,:'1 11,0 rIU,s Vuro
, ffhea. ptitors, and that it was .iust as
',n a 'Violation of the Jaw for one
gj jo buy I ho controlling stock of a
fi''16 utilor as it was for a holding
sltWj?ny aS iu IVort,,CI'" Scduritioa
Stie, buy the controlling stock of
vhcu BOinpcliuy compauius.
1CSho t:'10 Northern Securities company
?ia55&tfKilpd llQllrb' ten yvam ao, so the
vloIeoKnau plan Jell today.
?f SSeP Central Pacific.
nut .
',s!C''Sp: Ciri'uit c0"rt' f,,r tho 'sLri,,t of
C strf j?W!l8 lirf"-J'c(l lo supervise tho
liojtf ition of tho two roads after hear
in emergency to appoint a
0Tift Pr l fco11 11,0 bLock- Tho "U"""1
circuit court sees proper,
leluu controKof tho -old Central
JT S liuo oin 0don to Sau Pran-
, ti deiIon of tho lower court that
ClmlSl,, BH " Tiolal,0n of Juw in l Mr,
.h"r 'i 10 flc'nlrc the Xortlict n t'aclllo
tU?JP',Hl Ulu Ktoc,c l)f ,,,c AtchiKoti, To
fOrt0Pm 'Unttt Ko,,w" COIiuiiiiiy, af-
cr Sfcoontinuea on Pas Two
cHlsn-'JJv '
Yesterday's Decisions ,
of the Supreme Court j
WASHINGTON. Dec. 2. The following decisions S
( were rendered hy the supreme court today:
Ordered dissolved tho merger
S of tho Southern Pacific. Union
( Pacific and Salt Luke railroads
; and declared the consolidation in
restraint of trade within the
( .Sherman uuti-iriist law.
) .dvaneod for heariiiir on
.Ian nary (t the habeas corpus
s capo of Jack. Johnson, negro
( pugilist.
) Dismis&ed the apdical:ion of
S Urszullu Z.ikonaile for a writ
I of habeas corpus for her release
from white slave charges in St.
S Louis.
( Uisinissud tho claim of James
; W. Beach against the United
s States jrovcrnmcnt for .20.000.-
. 000 for an alleged infringement
of bin patents for pneumatic
( tubes for carrying mails. The
) court held ho should sue the
company "with which tho govcrn-
men I. contractrd.
f Declared vncoustitutional I lie
Mississippi law lixing a penalty
of .2q in addition to actual dam
) ages for the failure of railroads
to settle claims for loss of goods
) within sixty days, in tho cage of
the Yazoo & Mississippi Valley
railroad against the Jackson
Vinegar company.
) Declared invalid the Kansas
"law denying foroign corporations
) tho right to suo iu the state
courts without a certificate to
( do business in the state, in the
case of the Buck's Stove
ange company vs. Vickcrs.
Upheld tho 2s'cw York law re
? latiog to the buying" of stolen
) property by ;iuik doalcrs.
( Refused to order the Home;
J Water Supply company oC Spar
tanburg. S: C, to p.V ?3S,S10 in- j
suranco on a mill destroyed hy
lire because of an alleged failuro
of thp water company to keep I
up necessary pressure required ?
by its contract with the eity.
The Oermun Alliance Jnsurauce
coiniauy brought the suit. I
Ueclined to dcc3.de when an
egg is rotten, in the case of s
seizure by the government of
M0 cans of frozen egg products ;
shipped from Kansas eastward,
by holding the circuit court of )
appeals for the Third circuit
had no jurisdiction to hear the .
case. The circuit court sustained (
the government's plea that the
eggs won; rotten. V
Upheld the South Dakota law , (
des-jgncd to prevent corporations S
aud mercantile companies from
selling at lower rales in one part J
of a stato or city than in an- S
other, in tho case of the Central
Lumber company. v
Found valid the Mississippi S
prohibition law as applied to
malt beverages alleged not to
he intoxicating, in tho ease of ?
the Purity Tonic company.
Aflirmed a verdict obtained by
Josei4i Schmidt of New Mexico ?
for ."j-'TnOO against tho Southwest- )
orn liailroad company oT Albu- (
querciue, for injuries received ts )
from a patched cooker.
Declared valid the "will of (
Ilcar Admiral Leviu M. Powell ?
setting aside a portion of hta
estate for scholarships in
Georgo Washington university
audJolind-J.opltius- university ' i
for tho education of prospective
naval cadets.
Case Is Remanded to Lower Court, Which Shall
Consider Ways and Means to Carry
Out the Decree.
J3y International Ccwa Service.
WASHINGTON". Dee, 2. Declarins Uic
jrcat fJarriinan transcontinental rallroaa
oombination In restraint of trade and il
legal, tho . supreme court of the United
States today dissolved the mcrgrcr of the
Southern J'acllle and the Union Paclfii.
a merger which represented the crowning
achievement of tho late E. II. Ilarrl
lnan. The decision sustained the government's
soil, which wns Instilled by Tiienilore
Kooscvolt In ISOSnnd prosecuted by Frank
15. Iveilofrg, the Minnesota trunt buster,
who continued t.o work uiion it through
President Toft's administration.
The court announced that the railroad
merscr was ".unreasonably In restraint of
trade" and therefore without tho law.
Three months arc given the ronjpunlcs
composing the combination to put their
affairs in order uudor tho direction of the
lower courts. Meantime no railroad can
vote the stock of another railroad in tho
merger or draw dlvldcud.s from such
Tho decision, which hi declared hy thi
court to he analogous to tho dissolution
of tfte Northern Securities merger, is the
most far-reaching since that famous or
der. Begun by Roosevelt.
The suit hy tho government waa begun
by Roosevelt In 390S after bin historic
quarrel with JS. H. Harrlman and was) bo
piealhed hy him to President Taft, who
has preauud It vigorously.
Two years ago the federal court in Salt
Lulce, In which the. suit was brought. diiN
missed cvury contebllon of the guvern
mcnl, the only dissenting opinion frelng
rendered by .lodge look of Humm., who
wan lately refused a .scat on tho uun'romc
Th.i-'opinlou of the court, which In r
muikubly brief for co important a de
cision, Is as follows:
Thin Is a coho to enforce tho pro
visions of the Sherman act of ISl'O
boeansu of n alleged conspiracy arid
combtnaliou In restraint vt Intcrstutu
commcroo. In the month of Febru
ary. JS01, tlm Union Pacific Kallroad
coinj)any purcliaacd "7i per cent of
the capital slock of the Southern Pa
clllc company (subsequently increased
to 16 pur cent). The government
contends that the Union Pacific there
by acquired domination and control
over tho Southern Pacini, thUB ere
atlng a combination In restraint of
interstate commerce within the mean
ing of the act.
This court reaches the conclusion
that the Union Paellic and Southern
Pacific systems, prior to the stock
purchauc were competitors engaged In
Interstate commerce, acting Independently-as
to a largo amount of such
carrying trade, and that since the
acquisition of tho slock in question
tho dominating power of the Union
Pacific has suppressed competition be
tween tho systems and has offejled
a combination In reatralnl. of inter
state commerce within the -prohibitions
of tho act.
In order to enforce tho statute the
court is required to forbbl tho doing
in tho ful.uro of acts like those which
arc found to have been done in vio
lation thereof, and to cuter a decree
which shall effectually dissolve the
combination found to exist in viola
tion of the statute
Scope of Injunction.
The decree should provide an in
junction against tho rigH. to vote this
stock while in tho ownership or-control
of the Union Pa rifle company, or
any corporation owned by it, or whllo
held by any corporation or person for
tho Union Pacific company and for
bid any transfer or disposition thereof,-
In r-uch viso as to continue. Its
control and should provido an Injunc
tion against the payment of dividends
upon such stock whllo thus held ex
cept to a receiver to bo appointed by
! ' the court who shall collect and hold
such dividends undisposed of by the
' decree of llio court.
As the court below dlGiulssed the,
government's bill it was umieeesnary
there to consider the dlaposltlon of the
shares of stock acquired by the Union"
Pacific company, which acquisition w
bold constituted an unlawful combi
nation In violation of the anti-lrunt
net. In order to cffceluully conclude,
the operating force of the combination
such disposition .should be made sub
ject to the approval and decree of the
court and any plan for th'o dlsposl-
. lion of this :ito:k must be such as to
effectually dissolve the unlawful com
bination lluiH created. The. court
shall proceed upon the presentation of
any plan to hear the government and
defendants may bring In any addi
tional parties whoo presence may ho
necessary to a final disposition of tho
(Continued on Pago Two,)
Imperial Chancellor Beth-mann-l-Iollweg"
Makes a
Sensational Announce
ment in -Reichstag-.
Greek. Minister to France De
clares His Country Will
Not Accept Armistice
Terms of Turkey.
Py International News Service.
LONDON". Dee. 2. Out of the diplo
matic duelling' over the Austrian-1
Servian controversy today came
the definite warning to all the
powers involved that Germany will,
should the occasion arise, draw her
sword to assist her allies.'
Discussing- the IJalhan si I nation in
the roichstag. Imperial Chancellor jJcth-inann-l
Tolhveg said:
"When our allies. Austria, .Hungary
and Italy, in maintaining their inter
ests, arc attacked although tins is not
in present prospect by a third party
and thereby threatened in their exist
ence, then we, faithful to our compacts,,
will take their part firmly and decis
ively; then we shall fight side liy situl
with our allies J'or the maintenance"' of
our own position in Europe and in do- j
fense of the security of our own father
land. "L am convinced that we have the
whole nation behind us in such a pol
icy. ' '
Wildly Applauded.
The chancellor was wildly applauded,
Uis speech was regarded as Germany's
warning. to self-seeking powers to keep
their hands off and to England espe
cially, that a formal protectorate over
Ivgypt, .which is rumored to have re
ceived consideration by the British
ministry, would not be tolerated. Neith
er will Gormany tolerate any interfer
ence by Russia, whose first move to
arms will be followed by the German
war cry.
The situation tonight cannot bo re
garded as more hopoful than at any
time (hiring the past week. Aricnna is
pessimistic in the extreme. Xiy many
of the Vienna newspapers war is re
garded as the only solution of the en
tangled controversy.
.Adding to the complexities of the sit
uation, Scrvia has offended Itaiy by
quartering a regiment of troops who
recently occupied Dnraz.o in the school
buildings there.
Greece Obdurate.
A now obstacle to tho signing of the
armistice betweon tho allies and Tur
Uey has appeared hi the unqualified
opposition oil Greece, which country
first of all is in favor of fighting the
war out to a finish, and, if a settlement
is to bo arranged, insifils that A'drian
ople. Scutari, .lauina and the other more
important fortresses be unconditionally
surrendered. Athos Komanos, Greek
minister to France, fold Premier fc'oin-
care today that if the provisioning of
those fortresses is permitted, Turkey
would then be in a position 10 push tho
war vigorously in tho event of the ne
gotiations for permanent peace failing.
Two estimates of tho total Bulgarian
losses in the war which may be consid
ered as dependable, wero received to
day. An official dispatch from Vienna
places tho number of JUilguriau dead at
10,0(iO and the correspondent of the Ber
lin Tagoblatt puts the number of dead
at 10,000 and the wounded at (50,000.
LONDON, Dec. 2. The imperial chan
eellor'H statement on tho European sit
uation, together with that of Heir' von
ICldcrleii-Wnoehlor, tho Gorman foreign
secretary, conllrmlng that Great Britain
and Germany.. arc co-operating amicably
In favor of peace. Is regarded In Eu
ropean capitals a;r roasHiirlng and ns
calcninted to have an effect when thu
peace delegatea hugin to disc ush terms.
Dr. Von Kthnmnn-Hollweg'? rieclnra-
Oou'tnned on Pago Throe.
Wilson Speaks to Assembly
Jt & eft t
Hailed by Bermuda Salons
Jliss Jessie "wilson. Jrfi'ss Elconor wihon.
Wife and Daughters Aid iB ride
-.Who TumbleS'From Bicycle
-and Is-Injured." "
Lty International" News-Service.
HAMILTON, Bermuda. Due.: 2. Pres
identelect "Wilson atteiuled the
Bermuda n house assembly this
afternoon ami heard iho. annual
tariff discussion, in the course of
which seed potatou wove proposed for
the free list aud turnips for an increased
duty to encourage the farmers. The de
bate was similar to that, which Governor
Wilson, ok president, soon will partici
pate In Washington. The governor uIho
heard the report of the estimated tariff
receipts, listening intently and following
tho items from a prinlod schedule which
had been given to hbn.
lie was finally addressed by tho speak
er. Sir Thomas AVadson. who expressed
a hearty welcome and hoped the dis
tinguished guef-t would return to lier
muda after the expiration of hlstcnure
a prcsidcnl.
Wilson Responds.
P.o.sponding, 71 r. Wilson said:
"I had hoped I might forget I av.-is able
to make a speech in Hermuda, but I
cannot rofrain from expressing the ex
treme pleasure at the coyrtciy, extended
to mcand my great Interest in this ctty
I. was Just wondering what would hap
pen In the States if wo every year went
over I he tariff items. Tltere would lie
a continuous nerformance. which would
exceed all the theaters could" afford in
tho way of amusements. Vet I cannot
help thinking the idea admirable bocaiaic
it affords Iho houxe the opportunity to'
review the changing conditions. One of
your members hiu; suld he was sorry .1
happened upon so dull a sitting. 1 don't
consider it so. I have all my life been
a student of parllameulajjproceduro and
I admire, therefore, your businosa-llkq
method of goinc through tho ltemn of
expenditure. 1 have' begun to feel that
Bermuda is -one of my homes and It' 13
all tho moro delightful to bo' received Jn
this inaiinm."
Governor "Wilson was interrupted -tev-
Oontinul on Page Two.)
Wilnfcss-" Tells of Acting' as
A gen t for the I n lerira lional
. Harvester Company.
ST. LOUIS, lo.. Dec. 2. That as
agnut for the International Harvester
company he spent $U00 or $500 in 1303
to ltlll a bill pending In the South Da
kota Ughilaturo which would have an-1
thorixed tho manufacture of binding twlno
in the stato penitentiary, r.'as testified
to today by Michael ll. Lamb of Mis
sion, Tex., at tho opening session of the
St. Loul: hearing In tho government's nult
to dlasolvo the .International Harvester
company. Testimony was taken before
Special Examiner Itobert Taylor of Du
luth. Lain;:, who wan formerly a general
agent of the McCormlck Harvnstm' com
pany and later of the International, tes
tified. that when the bill canio ud he con
sulted John TL ISowJer. tanner warden of
the penitentiary, and. being told it would
.sake money to defeat tho bill, o wrote to
Henry L. Daniels, Gnral manuger of the
International. v
"A few dayji Inter 1 received a pack
age of 520 bills, with Instructions to turn
the.monoy uver to .Bowler," .Lamb de
clared. He explained he thought tho
'money Vas a contribution,' not a bribe.
He also paid Sf0 or $10') to a. reporter to
write an editorial against thy pnrjsag of
the twlno bill. Lamb further testified.
Tho witness narrated, a conversation
with .Harold P. JdcCorrulelc In Chicago In
January," IflOS. In which IMcCormlclt com
pltmonted him for hid loyalty in tho past
to the ilcCormtek company, but told him
that hereafter ho was to push tho other
nviko of binders that worn controlled by
the International Hurveator company
with tho nauif spirit oh ho Jind" shown
(Continued on Page Two,.
Closing Session of the
Sixty-second Congress
Begins; Great "Applause H
Greets the Appearance
of Speaker Champ
Clark and "Uncle Joe" I
Cannoii in the Lower
Deaths of Vice President
Sherman and Senators
Heyburn and Rayner
Feelingly Announced;
BothBranches Adjourn
Quickly as a Mark of
Respect to the Dead.
Uy Jntcrritloual News Sei-vlee.
WASIUGTOX, Dee. 'J, With
cheers for Champ dark. jH
liam ul.ei- and " Uncle .lor"
Caution in tho iioiiHc and with
oppressions of regret for I he doath o
Vioo lrcsident Sherman, Sonalor Ray
ncr and Senator lloyburn in the serial'.
the concluding session of the Si.-:ty.!,rc JA
ond congress begun toda-.
The senate, after a session of twoclv.
-even minuter, adjourned out of re.jpcct
to the memory 0t' the vice )rc-idcnt and
the two senators. The housp sat for an
hour and iiftccn minutes and then ad
joumcd, aI.o us a mark of respect to l
the dead. This wiJl be a ?hort shjou
but 'not an unini)ortaiit one. fminc
diately after adjournment there wen
informal mcetiugs of tho meniberj of
both, hpusos aud jdnns were made for
the swift, dispatch of a bir arist of
businor?3.. including the pobtoilico appro
priatiou bills, bills ordering invcattga
tioiin into transportation monopoly of
New "Kugland, thu money trust probe
aud a political racket which will be
engaged in by JUr. Taft on the ono side
and the Democratic senators on the
Archbald Impeachment.
The senate will spend most of i(a
tinio between now and the Chrislma
holidays trying th impeachment
ag:tinst Judge .Archbald of the coin
marco court. After that it will take
up tho aipropriatiou bills sent oyer
from the house. IH
All the gallcrict) in both lionses were IH
crowded 1'or the opening. Si.-ty-aix IH
senators wcro in their Heats and then; IH
was well over a quorum in tho hou5e.
Champ Clark got a big hurrah when
ho came into tho house a few minutes
before noon to declare congresa ofli- H
cially in business at the old stand. Tho jJ
cuthusiusm was so teat that be broke
two gavels trying to restore order. As
a result he did not have a whole gavel
left when William. Bulrpr, governor- J
.elect 'of New York, eamo in a 1'ow
mi mi 1 03 later and another yell went
around the chamber. The speaker, IH
suuling good naturedly, lot the choory H
for Suitor run their course. JJ
"Uncle Joe" Cheered.
Then latin, minority leader, hap
pcucd in, and the Kepublicans started
a cheer for him, in which the Deino-
crats1. -joined. About this time "Uncle IH
Joe" Cannon, who will not como back
next year and perhaps ne.rcr in this
life as a representative eamo tstrolb H
iug in from the cloulc room. H
"There 'a Uncle Joof" shouted a jH
man near the door, and the shout IH
for the ex-spenkoi' went to the too and IH
echoed back again. .H
Nick Lougvorlh, who will not to- H
turn to congress in the spring, nnlws a
recount turns out his way, didn't ges H
any cheers, but ho t-eemod very happy. H
(Gontlaned on Pagti Foitx.. H

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