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Deseret evening news. (Great Salt Lake City [Utah]) 1867-1920, September 10, 1908, Last Edition, Image 1

Image and text provided by University of Utah, Marriott Library

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045555/1908-09-10/ed-1/seq-1/

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Hawkins Shot Down in Cold
r Bloottby David
Lai Shooting Affray Occurred
liTCandy Bills Dive Which
Police Want to Close I
Marled in Joint Calul the
Allltrlcus Club at 0ciocUCity
SniriifAVHh Hlaik IMuisItCb
i hopheadl
You snapped out Itico the
I ords were
The directed toM
whip and vee
rack or a
I or Duid LoBan coloicd
L the Johnson Amerlcus club 13 Commercial
n this noinlntr by
tret at 3 o clock
burly negro
klc ntoi a
Curs later the dead body oC Hawkln
Lrccd a bullet from a 38 caliber le
lerced by
slab at ODonnells
lier U > ron a
indertaklns pirlors
The shootlne occuucd shortly before
oclock In Candy 13111
loon 3 Commcitlal fcticot The fatal
w flied by I ocan The
and tho
vtsacoIIl blooded muider
BiurdWi nude bis escape Detectives
searching the city and auriounains
iantry for Logan
fatality Is the dhcct icsult ot
lgotous action on
hliik of vg
toc the oealled Ameiican admln
stratlon In ilddliiff the city of a gang
who feed
notorious black pai allies
nd fatten fiom the degiadatlon and
Ins ot fallen white women reeling
cure bctauM ot tho value oE then
ofes thev loaf about Commercial
tieet dives gamble diink smoke
Iiop and When full ot the poKon cOm
inuulei Commercial street Is m
osttd wIth them and scarcely a night
fines tint there Is not a bray ot
jmc kind which usually ends in an at
nuit at murder
lrIy this morning Dick Hawkins Ed
Jblnibon and Dave Logan with other
riucs veio lit the Amerlcus club a
iint conducted bi M Hood and
f < 3h kilos Palmei the men suddenly I
figmed In a io but just what start
fSA it could not be learned Hawkins
failed elthor Johnson 01 Logan a hop
Jficud and Logan JiurJod a vile epithet
go Jiaivkns and atJtliosnino ime drew
ievoler ccrl bj > tandeis seized
fjlganifprCOd him to placo tlio weapon °
1 his jiotkot and then ordered him and
Johnion from the place The two mom
tilt and went into Candj Bills placo
it No 33 They were stondlhu at the
nr di Inking vvhen suddenly the swlnff
iK doois ojiened and Hawkins stopped
nto tho banoom
log in san Hawkins nnd quick as a
fish drew his revoher and fUod point
Jlmlc at the approaching man TVith
hrlek at pain and a gasp Hawkins
ededbackssazd staggered out to tho
alk and fell unconscious to tim
cnt Logan with a smoking re
Jolier In his hand lushed fiom the
Jlace and disappeared
Hawkins was quickly picked up and
Farrlel Into the saloon and laid on a
ool table He was dead within two
nlnutes after the shot was fired The
> olj was left on the table until the
rrIvaI of Justice Dana T Smith it
fJ the ordeied sent to ODonnolls
indertakin parlors
Tho police wore notiiied of the shoot
ijr and ChIef Pltt met ChIef ot Do
feIIrs Sheets with a numbei of plain
iIotli5 men wore called and hturtod
jf lM strgafIon and a starch for tho
furdcious negro
e Johnson > who sas with Logan when
hp fIrst i ercatlon started and with
iim when the fatal shot was fired was
ijakei Into custody as a witness He
Bonds relase lIorI furnshlng 100
Ia waa
urrested by Patrol
teri Bush iiml JohnbonaMyalro
JoInso a also was
tvn MCCulloci iio was locked
aiid held
as a wities
AccordIng to stateonts mado by
an Candy BIll the
t shooting
lfavkIs Was entirely justifiable
Jt vas brutal and cold blooded ln than °
thedeal hut being shot down
s kiov0 a econa < J warning So far
the re had had
n ° Pen
befo but
apparently hail ajar
for each Other
nClLother took
altIcular delIght ln
I hopheads cCsting slurs up
to and Logan vlio s
he adlcted to the
habIt of Opium
1okIng dtsljkpI Hawkins for that
r t5COfl
he te mo flrst
entered the
2IIed so
EVIdences club this mornIng there were no
n M
Double Sudden
i rth a vSnnnwei ° hmled back and
iet weapofl was draw n and then
aCcI was quIckly 1cstolci Qn l Job
iogni Olcted from the
tp to th Pace
tIme that Logan and
fl entered ogan John
uebe in h0 1JLKon2los Paco tim
tly iceii > nifricus club had eyi
Cr5 ° The two men
4 t and COflVO1slflg when
Is claIiieci ililfi Hawkins entered
W ho made by no McKenzie motion and others
sModrawl whatever as
rnvora Th a Weapo and iii n ° t speak
irs his Logan saw him lie
fr out revole or tllO place flre1 one shot aml
aq 25
tlve of Peori yearS o age a
bu Ill lie came here
5 then yelr Vl ° m ICansas City
Veit to
nEiiWith Montana There he
mu9 wonvjn until about three
Ide Stal she Coniitel
by taling lolso
flCtIoa i Her self
5s had a bad effect
k5 11 upon
rl returned to Salt Laka
th f CoiLt5fltl tic irooiliiig o > er the
so ronai A any or two
frlenls rcmarkci to some col
TTTUtht just a well be
rL t CiCl as
i s1 I have tol wonan
tW to live fOr
I I1aely to tlioscj who CerO iii
don0 aCqtILIflted 7vtYhHsst
1 flotiiiiig Since hIs rtiirn to
feTSSs on
se5 Cf ii Street and hiing iibot
eahie fam i Ho was dl < <
re5t md tli 0 fieithmnq of the
CaLtonn vvithTh11 engagOl In al
45iie iJL J them A fw weeks
ea arrctei fou other colored th ii
a a en the charge of hat
nn WIlS cCnviCt
s by Juiig s
a p00110
ty kno of ti street
ii linson Ar nothing obout Logan
110 saloon MCKenZie Proprietor
tho shooting b1c
Mrs Ashton Harvey Dressed in
White from Head to Toe
AVcullli > AVoniaii juntiitl Gilor Over
Sous Jenlli lltokc Her lienit
Ahil Upct Her Iiiid
Kewark N J Sept 10 Tho body
of Mrs Ashton Han drctsed In
I vvJillo and literally covered with u
fortune In jeels was found today In
the piivato pleasure lake oh tho estate
of Stewnrl Hcirt < horn at Short Hills
N J by bloodhounds which had been
brought fiormNew York to seek hur
Mis Ilaivev vyas the wife of Akhton
Huivev a mlllkmaln cot pm itlon la
JGI at 3J I3ioadvai X Y and lived
in theii majjinlllcont estate at Shot
Mis JJaiveyvvho was wenlthv in her
O IL right had been acting peculiarly
several vvoeks past and hei daiightor
IJpipthv and son Huiold hocamo nl
aimed yesterdav attcinoon when abe
lelt the house cliosscd In white evon to
bet shoes and stockings and vptilng
nil ot her juwols About her neck Shu
AV < HO a 5 5000 necKloK nnd on
hti head sho > had placed a ilta
dlamoiid tiaiti Hci Ineust cns cov
ered wltli sunbursts and other bioochet
sot vvllh diamonds and her fiiiRere vveip
bedecked ylth jewelpd rings This
was pilor to hot ordei big a canlage to
go to the homo of Miss Dubaily at
MiTjHaivpyand his daughter searched
the loada in theii automobilo until
dark when thev tailed in tho police
Bloodhounds fiom No Yoilc ailived
at 2 a Pin and after an allnight
seach tbo animals pointed out tho body
In tilt lake Mis Haivoya remains
vveie taken out by grappling lions Her
husband believes she committed sui
cide She had boon a suffoiot fiom
headaches for nine years Sho hurt
also giicved ovei the death of her qld I
est son Ashton
Portland Oi Sept JO Louis mack
Jlist mate of the steamei Roanoke is
under aiiest charged vith having fr
dnnROred thb lives oC lesldcnts in the
noithern hart of this city yesteiday
by < ltscharglng the LyIc gun kept
aboard ship foi casting life lIne in
case of wreck at sea The shot stuick
moie than a mile north tthe boU
lighting betvcoji two men at woik in
the > ardi3 of the Oiegon Railroad
Navigation tcompanyt lt toie a hole
a foot deep after causing consldeiablo
damage to th < jcompanys pumping sta
tion It appears that the missile had
broken from the tim to which It Is
usually attached After nnest Mate
Black said that ho fired the shot In
putsuance provision of tho federal
law which requires such guns to bo
fired once inl0dcye to insure that I
they are In poifect condition This is
tho second time within a year that a
shot from a Ijylo gun h is escaped from
Its fastenings On tho previous occa
sion It lit In a thickly populated part
of thc pity barely Missing lsev raT
chlldion at play
place said that Hawkins was of t I
quairolsomo disposition and continu
ously antagonized various peisons or
tho street
No arrangements have been made
for the funeral of the dead man II
la not known whether ho has any
lolatlvea This evening nt ODon
nellsv County Phjslcian Caldorwooil
will hold an autopsy The bullet that
ended the career of Hawkins struck
him in the abdomen below the heart
and caused almost Instant death
This mornings affair Is tim third
shooting that has occuied In Me
Kcnrlos place Several months ago a
Jockey named Jerry Chorn shot n
colored man In the back OhiO nearly
klllPd mm Just a few weeks ago nn
othei hophead coloied man attempt
ed to murder a man in the dive Last
Tuesday evening two colored men en
gaged In a row over the ovvneishlp
of a dime and one stubbed the other
several times and then escaped Tho
stabbing occurred while the city ctiun
rll was in session discussing the official
request of Chief of Police Tom D
Pitt to evoke the license issued to
C ndy Bill While the matter was
being nigued Chief Pitt telephoned to
the council that a cutting affray had
just occurred In the notorious saloon
I have tried to inn the place decent
ly said McKenzie today Every
time tim boys got Into a squabble I
try to restore peace I do not permit
women to enter the front door of m >
jplnce but It seems that every time
these fellows get into a mix up they
come III here
A prominent nnd respectable colored
man Bald this morning
Just as long as the city authorities
permit this class of men to live In
Silt Lake just so long will there bo
fights and muiders These parasites
of white women parasites was not cx
aotlj the word ho used me nearly all
hophpads They do no work at all but
mnnsro to wear better clothes than us
hard working people can afford There
Is scarcely one of this gang that does
not carry a big gun Why dont tho
police got busy Why dont they run
these northless fellows out of town
Whv dont they at least round them up
nnd disarm them When one of theo
nouccount fellows Is full of hop no
mnns life is worth a dime
Commercial street Victoria Alley and
Franklin avenue ale streets virtually
aliVe with this class ot the underwoild
They swarm from place to place fre
quent the socalled clubs that are ii
icallty gambling hells They hang
about houses of Illfame and loaf In
Ifvy dives The plaCe vvheie the row first
stirted this morning Is the one for
nrily run by Bruce Johnson
Justice Smith said today that in all
probability an Inquest will bq held
acer the body of Hawkins following
tln post morton Every effort being
n tde to locate Logan and arrest him
on tho charge f murder It Is not un
likel > that lfthcvls located he will
iosit irresfand therejmay be another
shouting beforei many hours
lAgfm the murderer has the reputa
tion In Salt Lake among the coloied
population as belnsi tlttiistTous man
Prominent colored men say that ha
has long been addicted to the use of
opiiim and thaf ho will draw n gun
rind shoot on the slightest provocation
He hn boasted it Is said that he
klUd two men In gun fights aridlt Is
known thojt he belonged In Kansas City
I ti w hat was Known as the Eighteenth
I snoot gang a band ot desneradoeis
juad toqghs v
Attorney General Breeden Says
Authority to Suppress Vice
IsSo Invested 0
II Is tlio Iarllculai l > ut > of the Cilj
And Its Ollicii s to See
Lin Is Djiliclil
AtloinPy General Biopden was asked
todav by a Nous lepusontathe tot
his opinion on the claim tint it was
his duty to take an active hand in
settling the led light moving question
as alleged In a morning publication
Judge Broedcn said Authority to
suppress hou os of ill fame or places
ot ovll icsoit Is vostid in municipali
ties Tho city of Salt Lake has passed
an oidinuiee now in force which
among otnei things says that It shall
ho Unlawful for any fallen woman to
ndvoitlip In any niannei hot vocation
01 that she inll bo jutlty of immoiaP
lt > It shah be unlawful foi any
ptnon to keep 01 maintain In the cIty
of Salt Lake inj hou < o of ill fame or
evil icsoit and It shall bo unlawful
foi any OWner 01 agent of property to
lease Ol lent propelty for lewd 01
lascivIous purposes This Inhibition is
contained in section 159 city ordinances
of 103
Thcuo laws and ordinances should
bo enforced bv city officials and
while the slate thiough its piosocut
lug offices have the right to piose
cute foi prostitution l etit Is the
paitlculai duty of the city and its
officials In accoulance with Us own
chattel to prosecute uuppiess and
close up rCsOits of ill lame and all
business operated theie The rnopo
itlon to remove the led light distitct
front its piesent location to another
locality and establish a stocKade 01
pen Is too abhouent for light think
ing people to cOnsider fiuorablv The
pel son who suggested this is entitled
to the shaipest condemnation The
dune ot prostitution ought not to bo
condoned It ought to be suppressed
No nuthoiiu exists for picking up
oudllv an inslitution like Commercial
stioet and planting It down anywhere
within the cits limits 01 elsewhere
foi that mattpi I am opposed to It
and hold It to bo the duty of the
city to put n stop to It and suppress
It The office of tho ittoi ney general
has nothing to do with the mattei
It Is shocking > to think that men
ot this intelligent agO should requite
that somti place be set aside 01 apart
w licit tnpy can gratlty their deslios
nniliUUih ought npt to set ans such
example TbelIeveIn the piosecu
tion and suppress6n of that soit of
Uee I dont believe In licensing It
There is nothng In the claim that the
women will scOter over tho cIty if
nnv attempt is really made to sup
pi ess thqm Theii establishments
should hp bioKen up and In general
all collections of people gathered for
vloious puipoes ought to bo suppiess
cd The city oidinances maJ e it a
mIsdemeanor to lent any building 01
put of building to bo used as places
of immoialltj and the law ought to
be enforced Such action would slop
this thins anil break it up
Seattle Wash Sept 10The re
turns from the primal election ale yet
6iy incomplete at least M per cent
of the total vote Is umeported Tin
election of Wesley L Jones as time Re
publican candidate for U S senatoi
Is assured Belated leturns Incieast
the lend ol Mr Jones over Senator Lev
Thu defeat of Senator Anknoy is the
result of a tight of seveial years stand
Ing which has been led by Format
U S Senator John L Wilson
In the lace for govornoi the ictuiii1
Indicate that none of the Republieai
candidates his receive the necessaij
10 pei cent of the patty vote lo se
cure the nomination on Hist choice
ballots in which it will be necessary
to count the second choice otes Theie
rue Indications that S G Cosgu ova ol
Pomeiov will Seethe the Republican
nomination on the list and second
choice votes In lila lace henry Mc
Uildo of Seattle is seeond and Coy
Albeit E Mead Is third
Ankney has carrIed King county bj
a small pluralitY over Weslos L Jones
In 101 city preclnets In SeattlH and Sl
precincts In the county Jones is be
hind 399 voteS
Spokane Wash Sept 10Tue Re
publican primaries through eastetn
Washington havo developed a eiltable
landslide In the senatorial contest in fa
v or of Congressman Wesley Jones The
piesent figures Indicate that Congress
man Jones will leave the Third legisla
tive distilct with a plurality of 10000
ovei Senator Ankcny
Tacoraa AVawh Sept Incomplete
ictuins In the Second congiesslonal dis
trict outside of Pleice county give Me
Bride for governor 2617 first and 1410
second choice Mead 3533 and 1498
Cosgrove 1614 and 3035
For sonatoi Jones 632 Ankeny
SCJj Such 553
Lolidon Sept 10 Anothqr great con
giegntion Including dignitaries of the
Roman Catholic priest and the laiety
assembled In Westmlnstei cathedral
today when a pontifical high mass was
celebrated by tMonslgnoi Amiette aich
bishop of Paris a slsl 3d by several
aichblsbops bishops and canons a full
choir and soloists
At the conqlusion of the mass there
veie three sectional mumeetimigs In con
nection with the national eucharaclst
which was called last night Two of
them were conducted In English and
the third li the French language Car
dinal Vincents Nennutelll the papal
legate pre ided over the larger of the
two1 English meetings All the papers
read dealt with the euchnrlst
HuTrnluluT Stpteiilljci 10 Tlte Pacific
fleet with toipede destrojei flotilla in
to which arrived at Honolulu on
Sept 2 fiom San Francisco will sail
today for PagoPago Samoa
At 045 this morning the fleet In
sailing formation was outside await
ing the west Virginia with Rear Ad
miral V T Swlncburne the com
mandcrlnchlef which left the harbor
Bhoctly ofore10 ocjpcjs
I rime i ribuile Is omi recumm fi n4
m bclng in fac or of the cStallish
midiitdf Cii1ooizimid hrtIieIs
1 this cit td it hmn ilea em 19
I far as tile hUbliLi kmmqcs s I
I hnnged it In cr1 0mm lmticl i
t 3 SS1 time paper sjae tI lag Of
I billnrd lmidi saiooiau nod
+ houses ofilifjfle mejImI
I 1 I 10111 iS tIu I tqiui
i Ut I I uiuu mulioud ii uud I f I t ciii
m Iuo iItIuiuuit dCse s
iuuiciithc tcc If It cnull
m hover tlidCtC5tcS wii
1 it Is Cot the dorent ciliens
It this coiiaaUtiit to comider
x mycli thO consefiuenccq of such X
I UK Heaviest liver IlnlH for
Navj ChiKlencel at IJoit iMoiilli
Tills Momlng
Poitsmoulli Sept 1O1IiC St
Vincent the largest and heaviest bat
tleship evei built for the lirllish navy
was launched sucoonsfuflV bite to
daj A meat im act d saw the vessel
ttke the crater As the arshlp
slippqd fioin liOr blocKs she vas
eJiiistoned bs thu Counters Beau
chump I
Counting the lluec cruising battle
shns of the Invincible class the St
Vincent Is the eighth Vessel ol tho
Dieadnnughl typetO bolaunched in
tills country ihc admiralty has ob
served Silo usual letlqcnce with te
gird to the details of the design and
constitution of the St Vincent but
from certain figures that weie given
out Itis manifest Uiit the eCrienco
rained from the construction of time
Dieadnought bos been utlllcd in this
vessel It Is believed thy I some ot
thi additional weight of tjie St Vin
cent Is tobe accounted foiVhj heavlei
aimamont for piotecllon against toi
pedocs and hv itnpiovomtnts giving
gicalei Secuiilv to thosef controlling
the movements of the ship while in
action J
A numbei ol foieign arches In
cluding lieut Commander John H
Gibbons the Amotican attache aU
tended tlio launching on JtHo in Ra
tion o1 tho admiraltv
Chicago Sept 10 Indiana is to be
the pivot state around which the Dora
oeiatle eampalgn in the middle west is
to swing and from now until election
all the forces that the national com
mittee can summon will be ought in
to plnv to carry lie Hooslei state for
tho Demociats Altda speech tonight
in EvnnBvillor WilllmiU Jf I ran will
rotmn to lndianojand Mpejlc in Toi re
Haute on feeptember 25 and John K
Lamb of Indiana vice chairman of the
lulvtsoiy commitleo has secured Mr
Bijzns piomlse to speak twice In In
diana in October
National Chairman MacK and Mi
amb held a confeienco today on tim
situation In this section of the coun
tis Mr Lamb slid Theie Is no
question about Indiana going for the
Uenvnsalic ticket If we cant cany
Indiana we cant calr any stale in
this part of the country
1 desiie to say nt Ihis time that the
Democratic membeis of the legislature
which has been called Into special sos
siou on September IS b > Goveinot
II my Will not vote on any temporary
legislation that may be Intioduced on
the giound that the local option ques
tion is now before the people at time
coming election
Mi 33ijan has Infoimed the national
committee that ho desires that travel
ing mens buieaus be established nt
state headquarters In nil debatable
Boston Sept 10Mrs Ainokl Law
son daughterinlaw of Thomas W
Lavvson and Mrs Marshall C BoXive
wife of a piomlncnt Boston business
nun weio thrown into the wale when
Mi Law sons yacht My Gpss was
struck bs a fishing schoonei In the
lower harbor yesterday and nan on
ly escaped drowning A man on the
schoonei paw the Impending collision
and ciawltng out on the how sprit was
just In time to pull Mis Lawson from
time water as the yacht cnieencd Mrs
Home who was completely undei wa
tel was lescued by Capt M S Enos
ono of the men of My Gipsy
United Mules Attache1 InMiuclcel Not
To Give Out Evlelenco Gatli
cieel Keeps fellencc
Chicago Sept lioGeoigc W
Fitzgerald accused by the slate au
Ihoiitios of time theft of 173000 fiom
the United States subti eaSuj y here
was freed by Judge Chetlaln today
United Slates SubTreasuroi Boldon
reck acting on instructions not to
disclose ovldenco gathered bs the
fedeial authorities took the stKcul
aunt refused to testify Judge Chet
laln dismissed the case
AlUtoon Ill Sept Refreshtil by
nlnoi louis sleep Villlani J Hrjan Dem
tatib cahofdnte tor president aWoke
this morning to find his car on a Mdu
tiack at this place He was not expected
to bo here and his presence In the city
was not generally known TIe nisi
stop today vvas at Olny11i where lie
was scheduled for a speech Aftoi Olny
Mr Ursan proceeded to Pososvllle lad
riom the tlnio he retlrertTn llttio bo
foie 10 oclocU until long aftei midnight
ciowds along the line of travel made
lepeated demands for Sti tnrsan to ap
pear on the platform eIliiscar and
great was the disappointment when toUt
the presidential candidates was asleep
Just before the train pulled out of
llatoOn a ciowd of several hundred per
sons manv of them vvorklngmen sur
rounded the car Jlr Bryan was at
rounded the car Mi Biyan on the rear
platfotm nnd spoke for several minutes
prjntipallj on monopolies and Injunc
New Toi If Sept 10The directors of
the American Locomotive company to
elas passed the etuartcrls dividend on
coninen stock The last quarterly dlvl
sdend was1 per cent Time regulnrjquar
terli dividend of lit per cent on pre
I f erred stock was declared as usual tov
Wants to Know Which Compaiv
Courts Are Investigating as
sTheres Several
It Is Chained llli evjing Tine Will
licgnul to lllltlii Rlch
ct Concein
Chicago Pept 10 CounPel for tin
Stnndaicl Oil compins of Indiana In at
answei tiled today to the i tllion of the
gov eminent attomess foi a leheariiu
ot the appeal trom Judge Landis judg
ment fining the company 2 240000 fOr
tho violation of the antiiebate laws
uphold the decision of Judges Giosscup
lInker and Seaman of the Unlled Slate
ciicuit qourt of appeals levelling the
judgment and lifting the buulen ol
the enoimoiiH fine us good law amply
justified bv the records ot the ease
Polntrby point Ihe nnsvvei which vas
formalls placed on recoiel nl time open
ing of Ihe offIce ot the clerk ot Ihc
couit by Col R W Stewart generil
attorney In Chicago foi the Slandaiel
Oil compiny takes up the argument
of the petition for lohcniing which set
forth alleged eiiois and paitleularlj
suggested that the upper court hit l
cried In Its Understanding ot what the
trial Judge really had said concoinliiR
the pievious offenses by the Stamlaid
Oil company of Indiana 01 tho Stan
darll Oil company of New Jersey
In Ihe pelltlon for lelieulng the re
viewing judges ai < chaiged wIth as
suming thai Judge nulls attempted tn
Uv and punish the Standaid Oil com
pany of New Jersey in the original pro
eccdings which acre against the Stan
ilnil Oil company of Indiana On lhl =
point the answei declares 11 to be 11
matter of no conseeucnce whcthei the
tiial cenuL rifeiied to the New Jersey
company or tho Indiana com pan as
not a vligln offcudei
The real point is Says the answer
did the tilal eouit in imposing punish
ment take Into consldciation the reIn
tlon between the St indard Oil compim
of New Jersey and the Standard Oil
cOmpany of Indiana cud did H base its
flue upon the wealth of the StandaiO
Oil company of New Jelses and 115
ablllls to pas Instead of upon the
wealth of the Standaid Oil company ol
Indiana and its ability to pas
To determine this question the Stan
dard Oil company attomeis asseit tint
a few sentences extiaclfd bs the gov
einmcntcounsel from Hheywoids pC
Judge Landis are not sufficient toad
quote at length rom Judge Lnmlls
opinion to show that ho lefeued the
New Jetsey eoiporation as the leal
defendant and to the Indiana company
as the nominal defendant
The conclusion staled bs the answer
is that the enoimems line Inflicted up
on the defendant vvas because of time
ownership of Us stock bs the bland
aid Oil company of New Jersey and be
cause of time financial standing ot the
lattei corpointion is besond dispute
when the entire opinion of the tiinl
court is consleleieel
A large part of the petlllon for re
heating the answer nserls Is a lelter
ation of points whIch no one disputes
and counsel for the defendant continue
their attack on the petition by eleclar
hag that the government sttoinoys ale
mistaken In tholi InterpretatIon of the
Aimour ease cited In the petition and
in suggesting lhat the reviewing court
is In conflict with the supreme court
On the question of knowledge of
the lawful inte on the part of the de
fendant shipper which was one of the
points on which gieot emphasis WaS
laid in the petition for rehearing thei
answer asserts that the exceptions ot
the gov ernments counsel aie based on
a rnisappiehenslon of the opinion and
the lecoid In the case The exclusion
of certain ev idenco and the question
of Inlent are discussed in eletall In the
answer which asserts that the re
viewing court wan justified In the i til
ing which it made
On the point ot the number of of
fenses which the petition for lehear
ing asserted was obscuie In the opinion
ot the reviewing eouit the answer con
tends that the governments counsel
has lalsed a cloud where there IK none
and that tip ruling ot the court elcaily
shows that the number of offenses
was regulated bs the settlements and
pavments of which there are JG and not
bv tiles carloads numbering 1lGJ on
which the fine was predicated
In conclusion the answer which was
piepaieel bv Atty John S Miller who
together with Moritz Rsonth and Al
fred D Eddy represents the defendant
asserts that suggestion of the gov
einmenla eoun el that the rehearing
be gi anted in order to certify a eiues
thou to the federal supremo couit Is
not a proper one because there was no
division of opinion among the Judges
of the lev lowing court
Winnipeg 11an Sept 10All Can
adian Pacific express trains are again
eonipelled lo go around thiough tile
United States on their Journey from
Montreal and Toronto to lnnlpeg
and the Pacific coast For some un
Itnown reason ns soon as one of the
big wooden bridges was rebuilt aftei
being burned down recently another
vvas found on lire yesterday
Poll Arthm Ont Sept 10All
last night forct tires threatened a
numbet of houses on tho outskirts of
the city In different directions which
resulted In the calling out of the
whole file bilgaele which succeeded
in Lhcckin tim danger
A tire could be seen all night burn
ing on Thunder Cap IS miles elis
tant It threatened the deserted vii
Jago of Sllcrs Isle which has been
a summer resoit since the suspension
af mining operations there a quarter
of a centurs ago No one is there
now to tight the flames except the
caretaker ot the mines and his family
iesc Molnes la Sept 10A second
ballot for United states senator In
joint session resulted materially the
same as Wednesday Representative
Ivendall was not present and Gov
Cummins received one vote less The
landpatter scattered their votes
3ov Cummins stated at tho close of
time balloting that he would lecomtnend
hat the progressives sunnmt a motion
to adjourauntilOY 5
Records Made by Orville Wright
Make High Officials En
Lieut Sweet Would Borrow Horn lilt
nun of Kriulpmeiit to SinaI
Bulllln Ihliis Navy
VasliImjIon Sept 10Time two nero
piano Highly mado by Orvillo AVrlgh
at Toil Myci yesterday which bioki
ill letouls for distance ammO time have
aroused the olliceis of time nav to ao
lion bccy Jfutcalt was one of tlh
most cnthuslastlo spoMatois jnesen
and Ast Socy of tho Navy Newberij
him been following the Ioit Mjei tests
lowly Lieut Georgia C Sweet of
time buieau of enulpmont has been de <
tailed to obsoive the Toil Myei test
for the navy
SCy Mole lit was asked If the navy
Intended to buy an aeioplane as a bo
Klnnlng in the application ot aoionuut
ics to that blanch of the service I
cannot say what wo might do he re
Plied Of course wo would need
hinds for thnt purpose Theie Is onl
one icason that 1 can see achy Mi
Wrights machine would be Impraetic
aide for use In tho navy anil that Is
his slotting Tppaiatus
Tho aeroplane would piou Inval
utblo in naval vaifaic Lieut Sweet
umaiked to an annv nlllcei duiinj
AVilghts Ill hl veUcidttv Mi
Wiights iiLichino iin ii os n speed of2i
miles an horn as m Unietus In oidei
to il = c Into the tilt H would there
loin icqulrq no munching appaintu1
if it weie stalled mona tine of thr > scom
iiulpeis which m ikes J and knob
an hour or nbout 27 miles H cOuld
llv ovoi tho advancing column nf nit
inemvs lleit and diop explosives 01
secure valuable Intoimitlon
Insteid of the skids which Mi
VAilfht ues foi naval pui poses the
aeropl me could be filled with two llsh
watei sit Ida slmiliu to nj lng i
so thxt It could land on watei Aftoi
the irhlne m irle a flight it could be
biouaht alongside of the whip niu
pulled out of till water bj means of
t davits Ihe buieau of equlpmom
has an appiopiiilion aan lIable for bin
Ing equipment fen vessels of the iaal
and this money could IK diawn for
the putpo of buvlng an uieoplnm
with vvhlth to make a stut towards
building up an aciiu Meet for the na
Hot Spilngs Ail Sept 10PlULi
maceulfcal nssoclatins throughout the
country arc called on In lesolutlon
adopted bv the American Pharmn
ceutlcal association to coopciato will
the local authoiltles in dij SectionS
of the count > in the discoveiy and
punishment of blind tiger drug stoiCs
In ceitaln sections of time country UK
lesolutlons decluio nondiuggKts an
employing registered diugglst amid
while noinlnallv opening drug stoies
are In itallty eondueting saloons II
Is against these tint the pioposed cam
paign will be waged
NIMV York Sept 1Oif the I l 000 vvorlli
of eunnoii and Buttling KUIIS pinchascd
from tIn war depaitinenL last ltiesdmmy
by l rancls Pail mer man nro destined for
on active part In a rtvolutloimtv at
tempt to oust Piesiilent C ustro of Vim
eziol Mi bumiPrmnn sass hf has nc
kiiovvkdt of the fact
I bought the guns as u speenlallon
= xld Mi Uaiincrman and shall pioba
blv stone time mateiKU on Uinnernnn
iHliiuI noar West 1olnt vvlure HP Invt
facilities foi KoopiiiK It until upportuti
Itv ailsus to dl poso of it prolltablj
Nun Voile Sept 10Arrived Martha
aslilnston from Trles > te Patilcli Horn
fean rrancisco Cal Sept 10 AiranB1
mentfc for tie funei il for 1 X Lillcn
hal the llnancior and philanthropist
wlio vas killed yesterday when an un
nianaistublo horse attached to a heavy
Cant collided with an automobile In
which ho was riding will not bo made
for several days The statement tint
vti LUlenthal was returning from tha
GinsNcl fight at the time the acct
Icnt occuned Is Incorrect Ho had been
lown the peninsula with a couple of
friends and merely p tsscd through Cal
ma whcrf the prizefight was In progress
Candidate Ii ill l > > Ca foul hg Up on Con
ret eiiili1nee Itcloic iItgI liiiiliif lour
Cincinnati O Sept 10Mi lali plans
today to nuku fuithei strides to gettlnrf
up to date with his coirespomlcm amid
ofllco woik Iletidps this be Is to bo In
touch bv longellstanco telephone with
state and counts leaders within a con
venient radius of his noin city and
plans tune thus Ijelng dlRcussed for thu
pilgrimage here of delegations No de
cisions In such inatterK will be announc
ed howevei until the Republic na
tional committee Ins made known Its
desire for utilizing the candidate on tlm
roamNo political conference of importance
were scheduled fen the day
Dcnioeialt le > im TMan lo Xomlmite
Him Regardless ot Deninls
As to AccoiJtiiicc
Salt Lake Democrats at least part
of them have reached a decision to
nominate Jesse Knight for the gov
ernorship whether ho will or no Today
the mattei was fieels elKcusscd among
the leading party members in an in
foimal was and the name ot Mi
ICnlght was the only erne that had sup
port of any pioportions Thp plan now
Is to nominate him and liming to an
Issuj the question of his acceptance of
the nomination af tern aids J W
Strlngfellovv a membei of the counts
ommlttee and candidate for attorney
enoul said this afternoon tint ho
felt absolutely conflflent that Mi
Knight would take the nomination If
tendered to him and that he for one
was golnlg to work first last and nil
time time for Jesse Knight for governor
mill thus eonventlon nomlnatcel him
shby Sonwr county chaliman wnen
isksd for his opinion said that per
ionalls he had no assurances that Mr
Knight would accept but that he wish
cd he did have I
United States Circuit Court of
Pennsylvania Declares it
1ir I
Clause Prohibits Railroads from
Hauling Product They Mine
In One State to Another I
With Lat Killed Cutiers Could Chi i
IJuck to Ounlng Piiel rieJils and
Onciatlii Thrin
Philadelphia Sept 10lhe commodl
lies Clause of time Hepbuin railroad act
was today eleclared to bo unconstitu
tional bs the United States circuit It if
court foi the eastern dish lot of Penn J
sylvania Judges Gtay and Dallna
agreeel In an opinion coveilng 75 typo
written pages that tho clause Is un
tonslitulional Judge Buffington dis
sented but did not file an opinion
fie commodities clause constitutes
the fifth paiagiaph of the flist section
of the Intelslalo commoico act it being
one ot the amendments made by tlm j
Hepburn railroad act of June ip Dill
Hie clause pi ovules that after May
DOS it shall be unlawful for any rail i <
load eompany to transport from ono
state anothel 01 to any foielgn coun
try ans aitlcle 01 commodity manu 3 i
factuied mined or pioduced bj It under tt1
indliectly ox
Its authorIty diiectlv ol
cepl such ailicl or commodities as
many be neeessniv foi its use In the
conduct of Its business as a common
caiiiei The elause exempts limber
and Its nifinilfactuiecl pioducls and Is
aimed paiticulaily at railroads owning
coal mines
lit local milloiid ciicles the news that
this clause of the Hepbuin act has been
ellmlnlcd cieated llltle surpilsp but I
much satisfaction Pail L Williams i
attorney for the Oregon fehort Line I
has frequcntU epiesscel tho opinion t
that the law vvas unconstitutional and L
would bo so dfplaied onco It reached i i
a court wheie the mattei could bo ful
ls tested Po much has this feeling
predominated railroad clirles in fact
that in splto of the silo of Union Pa
elllco coal piopertv In the railroad
which tho law contemplated and ol tile
mih coal pioperty bs the Rio Grande
vhieh It also contemplated neithei Of
these ioads have inad any pjovlslon i
fOx disposing oft their holdings or for
changing their pieient ssstein In time
least File Utah Fuel eompany has
gone light ahead prepirlng coal fiom it i
Utah for intoi state shipments as has i i
ii Iso tile Union Pacific coil company In III
In the last session of Congress a bill
was intiodueed extending the lime l
when Imo Intel estate shipments should I
ipae hv Iwo year It is now felt i
that within annthei two leans decisions f3i
of courts ibove the picsept one will so 4
Ini uphold tho decision fliat the law
will nevei bo enfoiced
Coincidental Shooting Tollows Quancl
Over Vnlti melons Uetiecn raiineis
rajettuville Amk Sept 10 Because
John Murray a well known farmer
who lived mar hoie chaiged John D
Holt aged i3 son of a Piomincnt mar
ch int of Lincoln Ark with stealing f
vvatei melons and threatened to whip
him Holt shot and killed Muirav from
ambush near his homo last Sunday
net 01 ding to tho confession of Holt
who Ins been arrested
An Interesting coincidence is that 1
Muiiajs trinndfnthcr was shot fiom
ambush and killed In Ohio 40 ycais ago
Uv a man named Holt
New York Sept 10Three thousand
retail diuggi ts from every state and
territoi pjcept Alaska aRe In Nevw
York ntttiirling the thud minimal con
vention Of the Ameiican Druggist svil
dieate The eonventlon opened lester
das and will last far three ilajs an
laboiato business and social program
having beon tiimnged hs tho secre n
ton C II Goddird
A business lesion was held je = teidaj tf
at which adiliesos wre made by Otto
CJ Hottlnser the prominent Chicago
druggist nnd by Ml Goddaul Tlui
foi mei explained that the purpose of
the syndicate was to huj druggists
supplies In great quantities and dls
tilhule Ihem fiom the blanches nil over
the connlrv thus gieatly reducing the
tost lo retail sellers Mr Goodajil
pointed out the lapid growth of the
pvndleate slncp Its organization three
years ago up to Its pip ent roll of S 200 k
druggists from all over tim country
wit ov TICKET nnoKji
Now York Sept Anangements
have be < n completed hv the members
of the Theater Managers association
iepre entlng So ot the local theaters 1
for a special meeting tomoitow after
noon to try to devise some plan to do
awav with ticket speculators A tenta
tive et of resolutions has been drawn
up and approved by several ot th < larg tS
er managers calling upon the nldormen 4Ic
to wlthdiaw the licences of ticket spe
culators and so change the law that
no dianne licenses of this character can
be Issued
Chicago Sept i0Bhiiy Sunday
former professional baseball player
but now an eiangelist resented the
publication of a book of his sermons
by a nubllshlng company of ITem
mend Ind yesterday bv dashing Into
lio stereotyping rooms of the pub
ishing house and destrovlng the
At the
alates with a big mallet
onclusion of his performance
broke down and wept
Sunday was Incensed
had been issued
copies of the book
without hH
sued bv the
It had been his Inten
ermifciion and havo
ion to gather His sermons
411cm published himself

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