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Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, May 27, 1911, Image 1

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How Much Control Has Con
gress Over Interstate Com
merce Is Question Not
Yet Answered
First, a State Had Full Con
trol of Production,
and Now It Hasn't,
Is Claimed
(By Victor Elliott.) ,
WASHINGTON. May 2r. Again
that clause of tha fixieral constitu
tion giving congress control over ir.
terstate commerce 's viel in
mystery, and its full significance re
mains unfathomed and almost un
fatbomed and almost unfathomable.
The Standard Oil decision of the
United States supremo court has not
cleared it un. it has merely demor.
stratcd how Impossible is a complete '
and final interpretation of the clause. I
The Sherman Anti Trust law Is
an offspring of that clause: It also is j
enveloped in a maze of decisions and i
counter decisions; it remains Just )
as rigid or Just as elastic as tno in
terpreting Jurist cares to make it.
"What, for Instance, Is "restraint of
trade " What is a reasonable "re
straint" of trade and what is "ur.
reasonable"? Could any adequate and
complete definition of these phrases
to cover all cases with automatic ri
gidity bo given
Sharp Differences.
There are two schools of thought,
two legal philosophies, woven about
these phrases. One takes a broad
viow and the other a narrow view.
To one school the definito charge
against a corporation, "restraint of
trade," is like a red flag to a bull:
it means that tho corporation is il
legally suppressing competition and
manipulating prices artificially. Tho
other school say's, in effect, that "re
straint of trade" is a commonplaco
and necessary attribute of dally bur
iness; that it occurs every time ons
corporation, through superior acum
en and advanced methods, succeeds
in absorbing tho business of another.
And between these two lines of
thought, neither the supremo court
of the United States, nor any other
intellectual agency, has succeeded in
finding harmony or compromise.
Confusing Decision.
In the Standard Oil decision, the
supreme court took a broad view of
tho phrase. Although the Sherman
act prohibits "restraint of trade,"
and makes violation of the law pun
ishable by a fine and Imprisonment,
tho highest court in the land has
Inserted tho word "unreasonable,"
making what Justice Harlan in his
dissenting opinion called "Judicial
legislation." This was done because
tho court held that "restraint of
tnuVef could not bo prohibited wltr.
out paralyzing tho entire business of
tho country, and without suspending
the laws of trade, and tho laws of
cause and effect. To violate the
Bbcrman act, according to tho su
preme court, a corporation must be J
guilty oi -unreasonaoie restraint 01
trade," and tho Interpretation or
meaning of this phrase, like every
thing else in tho legal world, de"
(Continued on Page 4.)
HAIITFORD. Conn, May 26. A
sensation has been caused in execu
Uve circles here by charges that
bills have been tampered with in the
Interest of corporations after leaving
the hands of house committees. A
bill incorporating a new suburban
district was cited on the floor of
tho house by Representative Garden,
chairman of tho railroad committee.
Tn socio strange, mysterious
way," be told his colleagues, 'this
bill has been changed since it left
the committee to be reported.
Representative Thomas asked
whether, "in th strange, mysteri
ous changes that have been made,
any additional powers had been giv
en to the proposed company."
Chairman Garden said that the
company had been given the right to
tafco land and later ga to the court
and have Its value fixed, "This was
not in the bill when it was in tho
Bands of the committee." bo said.
It was added afterward." The bill
was sent back to the committee for
Students of High Schools in
Arizona Should Know
About Development
of Territory
New President of University
of Arizona Makes Ad
dress Boys Should
Attend Council
The sixth annual commencement
of tho BIsbee high school was
brought to a close last evening by a
magnificent address by Dr. Arthur
H. Wilde, president of Arizona, uni
versity, whose subject was "The
Relation of the High Schcol to the
Community." Dr. Wilde took ad
anccd and practical ground, express
ing many ideas that are new, but of
great value as suggestions In carry-
and bringing it into closer touch
with the community.
Should Study Industry
Tho high school should learn,!
among other things, all about the'
Industries of its own city and tho.
immediate neignoornoc. -ine speak
er cited the fact that although bo
was brought up In a great shoo
manufacturing center of Massachu
setts, ho was not taught In the
schools anything about tne Industry
what processes it goes through,
-where the goods are sold, or what
relation the tariff on leather and
hides has to tho industry. The
whaling town of New Bedford, Mass.,
ought to suggest to its high school
the wisdom of teaching all about
the big fisheries. Here in BIsbee.
with mining and agricuuuro as tno
leading Industries, the students will
be richly rewarded by becoming well
informed about them.
Should Attend Council
And school pupils should attend
sessions of the city council to be
como familiar with the economics
and system of government of the
city. This outline barely touches
the address, however, a careful pe
rusal of which will be found profit,
able and enjoyable. An audience
of several thousand pcoplo listened
to Dr. Wilde, and showed deep ap
preciation of his subject.
Band Plays Overture.
Tho evening's program was opened-vc-
nn nvorfiirn hv tho Comer Queen
band, following By an opening chorus
by tho Girls' Hign scnooi uico ciuo.
This club, trained from the first grad
es In tho use of tho vofce, was a de
lightful surprise to tho audience and
Its selections, "Commencement Day,'
"Break, Break, Break" and "Those
Evening Bells" were enjoyed and ap
plauded by the audience. A number
nn tha nroirram. a auartct song.
rk wrtJnr. Mnrn " bv Messrs Blair
and Williamson and Mesdamcs Will
iamson an4 Sims, was also greatly
enjoyed. Tho olio of melodies by the
Copper Queen band, which preceded
tho presentation of diplomas, was a
musical delight.
The diplomas were presented the
graduates by County School Superin
tendent Stover, who made a short
but earnest address to the ciaBS.
The Cfass of 1911.
The following young men and young
ladies constitute tho class of 1311:
Mario Louise Beyer, Blanche Beck
with, Carlos Edward Gibson, James
Stephen Maffeo, Grace Elinore Run
die. Mary Elizabeth Scott, Emeline
Frances Wilson, Roswell Champion,
Selah Jean Chase, Carl Victor Nelson,
Cauaollta Gertrude Micnaels, Clair
Magdalen O'Donnell. Walter Josepn
CMallcy. Katherino Ellen Rogers,
Miriam Sarah Tolcs, Adelaide Wlttlg.
Mr. Wlldo was the guest of honor
at a lunch yesterday at noon at the
Central school building, the lunch be-
In., nrannrori Kv thft TOUnC ladlCS Of
the department of domestic arts. The
preparation of tho lunch was highly
complimented by Dr. Wilde and otrr
ers present. Those who attended the
lunch were Dr. Wilde, Mayor
C. U Edmundson, Professor C. F.
W.lbrook; Parker Woodman. Gera.a
Sherman, E. R. I.add. Principal Sn'.
der of the High school. F. C. Uled
soo and W. E. McKee.
Dr. Wilde's address to tho grad
uates lost night follows:
The topic I havo to discuss tonight
Is a live one. In many towns and
cities it is not easy to hold pupils
X i"k "W V C 'BDLLLLW t Jt-A
Who Delivered the Address at the Commencement Exercises of the Local
High School Last Night
Beautiful New Dreamland
Park Doomed Blaze Eat
ing Up Many Hand
some Structures
NEW YORK, May 27. Fir which
broke out early this morning In tho
Dreamland big amusement park at
Coney Island spread rapidly and seem
ed to threaten tho entire park. The
flames wero first seen in the lower
end of tho park, next to tho ocean,
and spread rapidly, fanned by bt;J
sea breezes.
Several larms were turned in and
at 2:15 tho flro was spreadinj.Ur
ward Surf avenue. Afterwards ''an
other alarm was turned in.
Tbo season at Dreamland and other
big Coney Island parka opened lat
Saturday night.
Dreamland was the second or the
big parks to bo established on the Is
land. Its tall tower, gleaming with
olevftric Jfigiio, 'was a 'conspicuous
feature from the ocean at night aril
by days it loomed up a commanding
object on all sides.
At 2:33 a. m. the flames wero HcK
ing np the tall sides of tho tower,
mote than 200 feet from the spot
where the flro started, and It looKed
as if tho entdro park wero doomed.
Firinc embers floatc over the entire
island and other nrcs seemed Immin
ent. At 2:45 tho fire was spreading
to adarcnt buildings and the firemen
wero fighting to prevent tho flames
from Jumping to the street on which
tho park faces.
No reports of casualties havo been
received by tho police.
Another Big Fire.
DUBUQUE, Iowa, May 27. Early
uns morning; tne whole plant ot tr.z
Standard Lumbe.f company seemed
doomed by fire. The plant of tho
Flick Box company Is also burning.
The entire factory district wa tnrtat
ened. It is believed to be incendiary
and two .arrests were made.
in school to the end of tho gram
mar school or tho eight grade.
Much more difficult is it to persuade
tho youth and many adults that aa
ditional years In tho high school
are, for the boy or girl, tho most
profitable use of his time. In my
Judgment, the solution of the ques
tion Is found In the right relation
of the high school to tho community.
Let me begin the discussion by
laying down the proposition that
tho high school should be an ex
pression of the higher intelluctual
life of the town. This does not
mean a place in which highly cul
tured teachers shoot far over the
heads of their pupils, nor a school
that satincs the needs only or tnos6
0 IS
Refused to Answer Questions
Clarence Darrow Ar
rives for McNamara
EL A. Hendrix, secretary of the local
union of tho Iron Workers, was placr
cd under arrest today at tne instance
of tho grand Jury wn.ch Is investigat
ing tho alleged attempt to blow up
tho county hall of tho records. lie
Is understood to havo refused to an
swer questions relative to the deal
ings ot Bert Conners, one ot tho men
under arrest as a suspect in the case,
and he was ordered into custody pend
ing the issue of a summons charging
Ilcndrls was later released after
consenting to answer questions.
Darrow on the Scene.
LOS 'ANGELES, Cal, May 26.
John J. McNamara and bis brother
James, accused of perpetrating whole
salo murdor and tho dynamiting of
the Times plant last October, will not
bo required to enter pleas next Thurs.
j Clarence Darrow, leading counsel
i for the accused men, had a confer
I ence with the district attorney anl
jJudgo Walter Bordvell pf tho 8urr
ior court today and it was agreed
that the formal motion on tho part
of the defense for delay will not tie
opposed by tho state. Tho trial or
.tho labor leader and his brother, it
is stated by both sides, will probably
not begii until some time next aut
umn. Darrow Gets Assistants.
Darrow began preparations for his
task by immediatelr cbooslnc tho at-
torney" who will assist nira in the
legal struggle to free tbo accused
men. Their names were announced
today. They are Joseph Scott, pres
ident ot tho municipal board ot e Ja
(Continued on Pago 4.)
professional people or other intellect
uals of tho town who want their
children to prepare for college or
to have a specialized education that
I iuc inajoniy oi ine yuung peopio ui
tho community may not bo able
I to use. Yet tho school must em
body the ideals of all intelligent
' reople of the community In Its
methods of instruction; the school
I roust havo tho confidence of these
, people and. In turn, these people
must give tho school and its om
ccrs (superintendent, principal, and
teachers) the benefit of friendly
(Speech oa Page 2.)
MAY 27, 1911.
Fearing He Would Never be Able to Get Out of Capital Alive Aged Dicta
tor Secretly Slips Away in Darkness of Night in Hope of Reaching
Refuge in Spain; Like Fugitive From Justice He Hurries Away in
Auto Through Dark Streets to Narrow Gauge Railroad in Effort to
Elude Insurrectos Watching For Him on Main Road.'-
JUAREZ, May 26. A
Cordan at Jalapa, Mexico,
has been attacked at lepechualco,
No details are
MEXICO CITY. May 26. Private
telegrams received tonight report tho
arrival of Diaz at Vera Cruz at 3 o'
clock this afternoon.
Aicc-ding to these advices Diaz
boarded tho Yplranga, a Hamburg
American boat, tonight. The Yplr
anga is due to sail to the south coast
tomorrow. She will return to Vera
Cms and sail for Europe Wednesday.
Railroad reports received say the
pilot train was stopped by insurrec
tos below Jalapa, but after learning It
was serving as a pilot to tho Diaz
train it was permitted to proceed.
None of tho three trains suffered oth
er delays.
The End of Diaz.
-MEXICO CITY, May 2.C Porflno
Diaz, to whom during 30 years all
Mexico paid deference secretly 3elt
tho capital at 2 o''ctocrtlrt morning.
Only a few friends In -whom he trust
ed followed him to tho station. He
was bound for Vera Cruz to take a
ship for Spain.
In tho distance ho could hear tho
-voices of enthusiastic celebrants who
wore acclaiming a new president,
Francisco Leon do Ja Barra, ud
shouting "Viva Madero."
Secrecy of Departure.
So carefully wero tho arrange
ments made for tho departure that
tho details could not bo confirmed un
til this afternoon. The secrecy was
duo less to apprehension of a popular
outburst here than to a desire to
reach Vera Cruz without tho fact be
ing known to marauding bands along
tho route.
Travel between hero and the sea
port is usually over the Mexican Rail
way standard gauge line, with mod
em equipment. Tho raill along the
route, however, havo frequently been
removed of lato by bandits who de
termined that Diaz, for reasons best
known to themselves, would not
leave the capital.
Thought Him a Thief.
They are reported to have harbor
ed tho idea that Diaz would follow
tho precedent of other Latin Ameri
can presidents and carry tho national
funds with him.
There is another railroad to tno
coast, a narrow gauge affair, owned
by tho government. Taking it for
granted that Diaz would tako the
more luxurious train, the bandits did
not molest it for this reason tho
narrow gaugo was ihoscn by tne
former president for tho trip.
Arrives at Vera Cruz.
Tho general reached Vera Cruz t&ls
afternoon, according to word receiv
ed hero tonight, l'rosumably do la
Barra and the highor governmental
officials have been informed, but their
lips arc sealed.
Diaz was fceblo from illness when
ho left home. A more dreary leave
taking could scarcely bo Imagined.
Rain had fallen earlior In the night
and by the time he emerged from tho
houso the air was chilly. Ho was
closely muffled and to aid in his dis
guise borrowed an auto and used tho
route to tho San Lazaro station,
which had been mapped out over un
frequented stredts.
By a pre-arranged plan, at the last
moment, tho police scattered along
tho line. At certain rolnts close
friends of tho former chief executive,
(Including those to accompany him
across the AtlanUc, fell in behind his
Three Trains Used.
Three trains wero used. th first
acting 38 pilot. The Diaz special fol
lowed and some Umo later a third
train, followed by a detachment of
the Twenty-fifth infantry, set out.
Tho trains ran without orders, to
prevent tho rebels along tho lino from
picking up tho news from tho wires.
Just when, or what ship, Diaz wll
sail on is a matter of conjecture Tho
French ship Espagno was duo to
leavo Vera Cruz yesterday, but it may j
have been held at tho disposal ot tha
party from Mexico City. Tho Spanish '
liner Manuel Calvo 13 scheduled to'
message to Francisco I. Madera late tonight from Senor
stated that the train bearing President Diaz to Vera Cruz
Previous reports stated that
JUAREZ, May 26. Francisco I. Madero, J, in a manifesto to
the people of Mexico tonight, rerlf,ntd the position as provisional
president, conferred upon him by the convention of revolutionists
at the city of San Luis Pttosl last October, and called upon all
Mexicans to support Senor de la Barra as the sole executive of
Madero places his forces at the disposal of de la Barra and
pays a high tribute to the character of the new executive, point
ing out that he may well be considered "one of us."
The manifesto was MaOero's last act as provisional president
and he will now refer all inquiries of the insurrecto forces or
the insurrecto civil authorities to Senor de la Barra.
Having relinquished the pest which he believed would not per
mit him to enter American territory, he accepted tonight the in
' vitatlon of the El Paso city officials to attend a public reception
In his honor next Mcnday, following which he will probably leave
for Mexico City to assist de la Barra as a private citizen In paci
fying the country.
neigh anchor tomorrow, sailing vlawlll spread its bread wing3 to all
Havana to Barcelona. Mexicans and, united fraternally, we
May Wait Until Wednesday. W'H all work for the aggrandizement
The German ship on which the of our country."
Diaz iparty recently reserved state "Having continued tho revolution
rooms sails next Wednesday nnd the nntil its conclusion it seemed that
reservations have not been cancelled. 1 should convoke tho general elec-
Diaz undoubtedly will make hi "ons. according to the stipulations
homo in Spain, probably Jn Madrid., f- tho San Luis Potosl plan bnl
During the recent centennial Klng,he war of fratricido which wo have
Mr -nnrTYH n tltln nnon hm!" "uibea 10 curry oa uiu noi
and mado him an honorary general of
tho army. Senora Diaz wis made
,.j . ...in . , Stv.nl.jfc imwn.
r.n ,Zih nmi out-
Diaz ; speaks only Spanish and ou. .,
Side Of Mexico be would find tho most
congcnlal surroundings In Spain.
Inauguration Brier.
Tho inauguration of Senor de la
Barra as provisional president was
a very bridf affair, occuifylng but
ten minutes. To spectators It seem
ed that he had scarcely moved down
Avenida CInco do Mayo, wun nis et
cort, before he was on his way back
to the national palace, his carriage
smothered in flowers.
Tho oath was administered by tne
president of the chamber of deputies.
Tho provisional president stood wltn
his hand extended and repeated the
oath. It 1b not tho custom in Mexico
to uso tho bible in taking the oath,
nor is tho name of tho Deity used.
Madero's Resignation
JUAREZ. May 26. m issuing his
manifesto resigning from tho pro
visional presidency of Mexico, Fran
cisco I. Madero says:
Fellow Citizens:
"When by tho San Luis Potos'
plan ot last October I invited you
to take up arms to recover our lib
ertles and political rights, you a"
concurred to my call, and in six
menths, by your heroic efforts, yov
have overthrown the dictatorial re
gimo which for 35 years has op
pressed our fatherland."
"Our triumph has been complete
nTid In succession win do justice ,
onnnllv for rich and poor, for the
powerful and tho humble. Liberty
DOUGLAS, Ariz, May :6.
The insurrecto court martial
which has been in session at
Agua Prieta sinco Monday, try
lng Red Lopez on tbo charge
ot deserting in the face of tho
enemv. brought in a verdict to
night finding hlra guilty and
sentencing him to eight years
In tho penitentiary.
Lopez will be taken to Can-
anea tomorrow by Colonel Cam-
beras on the way to Hermos-
the train was not attacked.
triumph In tho determination of per
sonalities, but in tbo victory of our
I1"""!1- rrom
principles. hTom tne moment we
triumphed and we saw tho republic
' rilaz nn,l Ramon f!orml r-
liberty, Diaz and Ramon Corral re
solving to resign and to leave the
power in tho hands of Senor de ia
Barra; from that moment, I say, it
appeared to me that I should act
for the interests of tho fatherland,
putting a final stop to bloodshed and
of tho war of fratricide.
Tenders Resignation
"But considering as legitimate tho
authority of Senor Francisco Co la
Barra, inasmuch as ho comes into
power by mutual agreement of both
contending parties, it is impossible
for me to assume chargo of tho
provisional presidency of tho repub
lic, and for that reason I hereby
formally resign before the nation.
"Thus as all my companions fol
lowed mo when I invited them to
the election of last Juno and after
ward you followed me to arms to
reconquer our liberty, thus I hope
now ail will follow my efforts in re
establishing quickly the peace and
tranquility of the whoTb republic
to tho end that very soon tho Mexi
can people will enjoy a well-being
wh'.ch Is proportionately duo under
the new regime of the government
inaugurated today with President de
'a Barra, who received so high and
honored a post solely with tho idea
of serving his country, as an inter
mediary betweon the despotic govern-
-nent of Diaz and the eminently popu-
Iar government which will result
irum uio ici. .".. .-....
Election to Decide
"To those who for so many years
havo been victims of tyranny and
who fear samo trick from their old
oppressors I say they should fear
nothing. Tho peoplo already have
shown their omnipotence and before
I resigned tho provisional presidency
I agreed with Senor flo la Barra
upon the necessity of all Iexlcans
being satisfied with any national as
pirants which in the next general
elections will respect tho popular
General Madero believes that No
vember 3d, tho date suggested by
tho Mexican congress today, as the
time for tho general election. Is alto
gether too remote. Ho sent a mes
sage tonight urging tnat a date
early in September be chosen.
Cuellar as Governor.
MEXICO CITY. May 2. General
Samuel Garcia Cuellar, chief ot- staff
(Continued on Page i.)
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