Daily press. [volume], December 09, 1906, Page 5, Image 5

About Daily press. [volume] (Newport News, Va.) 1896-current

Image provided by: Library of Virginia; Richmond, VA

                
MOQ&Y TELLS OF
TRUST PROSECUTIONS
(Continued from page orieO
lion Involved 1? of Buch Importance as
to require n review of such decision
by the Supreme Court of the United
States, in which ease said circuit court
or the judge making the decision, may
within thirty days thereafter, allow
nn appeal to sold Supreme Court; but
an appeal shall be allowed on the
part of the United States whenever
the Attorney-General shall apply for
It within thirty days after the rendi?
tion of such decision."
By the judiciary net of .March 3. 1S!H
this provision was modified; in section
?i, so us to provide that all cases arls-,
in? under the ?> * * revenue laws
* * * should be final in the circuit
court of appeals, subject, however, to
review on certlordrl by the Supreme
Court.
In view of the fnct that from the;
point of view of the gpvernmdnt a ens.
toms case, involving a small amount
in itself, may, because of other simi?
lar cases which It controls. Involve a
large aggregate of money collected
nhd subject to refund, while from the
point of view of the Importer only one
or comparatively a few cases are af
fected. and consequently a much
smaller amount. Congress purposely,
intended to give a review as a matter
of right to the government whenever
the Attorney-General should take an
appeal. It is not to lie presumed in
customs cases any more than in other.]
litigation that the government would
luko needk'ss oi- improvident appeals
to the Supreme Court. As. frequently. ,
customs cases Involve very large
amounts in the aggregate, or while In?
volving small amounts concern some
Important principle of law. It would
seem proper to restore to the govern?
ment the right to take such cases to :
- .... .... .- .... .......
the Supremo Court of ttie United
states us u matter of right by ap?
peal.
Supreme Court Reports
t'nilcr extstiiiK law the reports of
thi" Supreme Court of the United
States are sent to each place of hold
inn United States Circuit ami Dis?
trict Courts. These reports are ordi?
narily kepi In the clerk's ollice for the
use of the court and are supposed to
be accessible to the district attor?
ney.
it Is believed, however, that a rail
set of such reports, should lie furnished
to each district attorney lor his use,
and in his custody.
I therefore recommend the neces?
sary legislation and appropriation.
Proceedings Under the Sherman
anti-trust act, and the act to regulate
commerce of February 4. 1887, as
amended, including cases under the
Elkins law.
In compliance with its resolution ou
June 29, 1900, I submitted to the Sen?
ate tr-ntnlemeiil of all proceedings In?
stituted by Hie Department of Jus?
tice under the Sherman anti-trust law.
the Inter-state commerce law. and the
BlkinB law. This statement was
printed as Senate Document No. 520,
Fifty-ninth Congress, llrsi session.'
Some proceedings have been begun j
since then, and some of the !
cases I hen pending have been!
disposed of. It seems ap?
propriate to incorporate in the annual
report the substance of the Blutomeiit.
abbreviating it in some respects and;
enlarging it in other.
The Sherman Antl-Trutt Law J
The net entitled "An net to protect
trade and commerce against unhfw-l
ful restraints und monopolies," com?
monly known as the Sherman Anti
Trust Law, approved July 2. ISMO, has'
required and received much In-j
terpretntion by the courts. but I
many questions which may he raised '
under it are yet unsettled, . The law'
dealing with the Interstate and foreign 1
commerce prohibits, (a) agrccmonts!
"In restraint of trade or commerce," j
ih) agreements "to monopolize nnyj
BUY CLOTHES RIGHT.
Newport News'
Preparations of extra range and completeness
amply sustains this store's reputation, so (irmly
established as the Holiday Shop of Newport News
and vicinity. Great throngs visit this store daily.
Everybody en joys seeiDg our immense
Christmas buying has begun in earnest and
grows heavier every day. This store is beyond a
doubt the Christmas headquarters of Newport News.
See Our New
Form=Fi?ing
In the new oxford gray
shades. ThiB coat is a
thing of beauty and is
'?S?t s^'c lined to the edge and
te^p^ medium length.
WE HAVE JUST RECEIVED ft
NEW LINE OF
]00
Copyright I 906 by
Hart Schaffner ??? Marx
that are just the go
$12.00 to $20.00
See the new Varsity Form-Fitting Suit?, the
coat without vents, the newest creation of that well
known firm of HART, feCIIAFFNER & MARX.
These suits come in the new gray, handsome blue
overplaids as well as black suits of every description.
$10.00 to $25.00
26\h Street and Washington Ave.
part of irndo or commerce," (c) mo
itoi>ollztitloii or attempt at luonopolUa.r
lion of niiy pnrl of trade or commerce.
Although decisions of the Supreme
Court hftve shod much light upon the
meaning of the words; used In the law
to express the nets prohibited, yet the
exact limits of the moaning of "re?
straints" stud ?monopolization" have
not been ascertained with precision'.
Moreover, although the conception of
commerce among the States and with
foreign nations is well defined, Us ap?
plication to the complex conditions of
business may often raise questions
whether given transactions are foreign
or interstate trade, which are not easy
of solution. Otic main purpose of the
law that coin pet lot I shall not by agree?
ments he supprest, runs counter to the
tendencies of modern business. The
Department of Justice is without or
ganizatlon for the Investigation of
suspected offenses, though the gen?
et stl appropriation for the enforcement
of this and laws of like character
made by Congress in 1903 has to some
extent supplied tills deficiency. Nev?
ertheless it is true. In the main, that
proceedings Instituted by the depart?
ment have had their origin either In a
complaint by some Interested person
or in the Investigation of some other
depart men t of the government; These
reasons?the uncertainly oft he moan?
ing of the law. Its conflict witli th?
tendencies of business, and the Insufll
Clcncy of the means of detecting of?
fenses?have made its enforcement
slow and difficult, and obedience to its
provisions far from universal. From
the date of the enactment of the law
to the beginning of President Roose?
velt's Administration In 1901, IG pro?
ceedings were begun and have been
concluded?!> of them were Indict?
ments, in all or which the government
failed, and of them were petitions In
equity, in which the government pre?
vailed In 8 and failed in 3.
In the course of this litigation it has
been made clear by the decisions of
the Supreme Court ?
(1) That the law is constitutional.
(2) That a combination of manufac?
turers to restrain or monopolize man?
ufacture or production which only In?
cidentally and indirectly affected Inter?
state commerce was not within the
prohibit ion of the act because not a
restraint or monopolization of Inter?
state commerce.
(3) That a combination of manufac?
turers fixing prices and suppressing
competition In- the sale of their pro
duds in interstate commerce was for?
bidden by the act.
( I) That a combination among com?
peting interstate railways by which
rates stud lares are established and
maintained is forbidden by the law. al?
though tlie rates in themselves may
not be unreasonable of excessive.
Since the beginning of President
llooso volt's administration twenty"
three proceedings have been begun un
der this law. seven of which have been
concluded and sixteen are pending.
Ten of the proceedings were Indict?
ments and thirteen petitions in
equity. In tho seven proceedings con?
cluded the government has prevailed.
These proceedings were as follows:
(1) A combination between two com
petlng Interstate railways, whereby it
majority of the stock of each was
taken over by si holding com pay in
exchange for shares of its own slock
stt an agreed valuation, with the pur?
pose and effect that the two railways
stud management stud that competition
between then should be suppressed,
was held to bo unlawful and dissolve*
bv Supreme Court lit the case of the
Northern Securities Company v, Unit?
ed States.
(sil A combination between various
Individuals and corporations engaged
In the business of purchnamlrig live
slncli, converting it Into fresh meat,
and selling the products In Interstate
commerce whereby competition both
in tho purchase of live stock and in,
the sale, of meat was supprest, was de?
clared unlawful anil enjoined by tho
Supreme Court in the case of Swift. A>
Co., et al. v. Dulled States.
(3> A combination between manu?
facturers of paper used for newspapers
supplying tlie territory between Chi?
cago and the Rocky Mountains where?
by the territory was divided, prices
fixed, and competition supprest, was
declared to be unlawful and enjoined
by the circuit court of lite Eighth Cir?
cuit in tlie case of United States v.
Ocneral Paper Company et als.
(1) A combination between tho re?
tail grocehs of Alaska fixing prices
anil suppressing competition was de?
clared unlawful and enjoined by the
Hulled Status Court, for the Seconu
Division of Alaska in the case of
United Stales v. Nome Retail Groc?
ers' Association.
(5) A combiifhtion of persons and
corporations engaged In manufactur?
ing and selling elevators in the Pu
cllc States was declared unlawful and
enjoined by the United States Circuit
Court for the Northern District of
California in the case of United States
v. Otis Rlevator Company ot al.
I'D A combination of manufacturers
and dealers in jrflt whereby compe
lion in the sale? that commodity in
the state west ofifthe Rocky Mountains
was suppressod'was declared unlaw?
ful and enjoined by Circuit Court of
the United States for the Northern
Disrticl of California In the case of
the United States v. The Federal Salt
Company et al.
(7) Upon an Indictment against the
Federal Salt Company, alleging sub?
stantially the same facts, the companv
was found guilty and sentenced to pay
a fine of $1,000.
Magruder Camp.
An Important meetfng of Magru?
der Camp, Conloderate Veterans,
will be held at the city hall tomor?
row night. Officers for the ensuing
year will be nominnted.
Following the Flag.
When our soldiers went to Cuba and
the Philippines, health was the most
important consideration. Willis T.
Morgan, retired Commissary Sergeant
U. S. A., of Rural Route 1, Concord.
N. Ht, says: "I was two years In Cu?
ba and two years In the Philippines,
and being subject to colds, I took Dr.
King's New Discovery for Consump?
tion, which kept me In perfect health.
And now. in New Hampshire, wo find
If. the best medicine in the world for
coughs, colds, bronchial troubles and
all lung diseases." Guaranteed at
The Ideal Pharmacy. Price 50c and
$1.00. Trial bottlo free.
The Diamond is the Gift of Gifts
Aside from their beauty and deserved popularity they
are the most, profitable investment, you can make for
adornment". What else can you buy> wear a year or two,
then be worth just about the same you put in it ?
Don't put it off, COME AND SEE what stunning gifts
we can show you in this line for your money.
It. is generally acknowledged that, for good reliable
goods, PALMERS' IS THE PLACE and it is a pleasure and
satisfaction to own the kind of JEWELRY we handle.
We have : y
Diamond Rings from . $5.00 io $400
Diamond Brooches from $5.00 to $350
Diamond Lockets from . $5.00 to $75
Diamond Bracelets from $6.00 to $70
Diamond Cuff Buttons from $5.00 to $25
Diamond Scarf Pins . 83.50 to $150
We guarantee every thing we sell to be just as
represented by us. and our prices are the
lowest possible for good honest goods
The Leading lewelers,
Established 1892. 2606 Washington Avenue.
Captain Rassmussen Makes Com?
plaint Against Discharged Tar.
WAS ON BOARD AS A GUEST
Seaman is Alleged to Have Carried
Off Silverware, Clothing And Many
'Articles of Small Value From
Steamer Condor.
A hold robbery was reported to !
the police yesterday by Cu plain
iiassmusscn, masler of the Norwe?
gian steamer Condor; now undergoing
repairs at the shipyard.
According to the shipper's story
a Norwegian sailor, who was dis?
charged from the vessel severs;
days ago for stealing food staffs
out of the ship's store room, board?
ed the steamer In the yard some?
time Friday night and stole several
pieces of silverware, a table cloth,
a pair of Cnptain Rassmussen'u
shoes, clothing belonging to members
of the c-rew and a number of
other articles of little value. The
skipper learned from members of
the crew that the discharged sailor
was aboard the Condor us their
guest Friday night and Ik confident
ihat he carried "ff the missing ar?
ticles the captain reported the af?
fair to the police wllh tlx' request
that they arrest he sailor.
From all reports the tar made
numerous raids on tin; ship's store
room during the run up the coast
from Qalveston and after she came
Into port he entered the store house
and carried off a ham nud other
food. The ship's officers were Una- j
hie, until after the vessel came In?
to porl, to locate the robber, but
when searching for the missing bum |
they found it in the tar's bunk and |
laid the other robberies at his door,
lie was discharged and has since
signed aboard the barge Brockton,
now loading coal hero.
_Wharf for Small Boats.
? feature "of the Improvements
being made at the Chesapeake <t
Ohio passenger pier here is the con?
struction o a "slip" for small steam?
ers to enter and discharge their
passengers and freight. This slip
is on the north side of the pier, the
present dock forming one side of
I the "slip" and a new pier, now being
i constructed, forming the other side.
Notice.
Daughters of Liberty, you are re?
quested to meet ia Chosen Friends
Council's hall, Corner Twenty-seventh
Street and Chestnut Avenue this ev?
ening at 7 o'clock to attend services
at the Twenty-fourth Street Christian
church. It.
WEDNESDAY (Night Only) DECEMBER 12
AUGUSTUS PITOU PRESENTS
The Popular
Insh Comedian
IN A NEW ROMANTIC DRAMA,
BY THEODORE BURT SAYRE.
Direct from tu? Enormous Success at the Now York Theatre.
Pronounced by Press und Public Olcolt's Orontost Hit.
"WEARERS OF THE GREEN,"
HEAR
"DAY DREAMS."
OLCOTT S ?F0R L0VE OF THEE|?
NEW ?AND?
SONGS ! "EILEEN ASTHORE."
PRICES, 25c, 50c, 75c, $1.00 and $1.50. Sale Opens Monday Morning.
FRIDAY (Night Only)
DECEMBER 14
The (}reat German
Dialect Comedian.
GOLDEN-VOICED 3INGER,
In a brand new play of pic?
turesque Switzerland.
The most important nnd Preten
jfj Hons Production in this Talented
Comodlun's Career.
Now Glorious Songs and Yodels?"My Heaven is in Your Eyes."
"Wilson's Lullaby." "Swiss Mountain Bird Yodel," "Songs of Old
Fatherland,'.' "Whispering Breeze,.I'he SnUselbank,"
Many Grand Scenic Effects?Switzerland's Valley. The Rugged
Peaks of the Alp:;. The Mountaineers' Home, The Great Snow Storm,
The Icy Cravasse.
PRICES, 25c, 50c, 75c. $1.00 und $1.50.
Bamn
Sale Opens Wednesday