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Bisbee daily review. (Bisbee, Ariz.) 1901-1971, February 04, 1913, Image 1

Image and text provided by Arizona State Library, Archives and Public Records; Phoenix, AZ

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84024827/1913-02-04/ed-1/seq-1/

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Supreme Court Decision
Puts New Construction on i
Sherman Law Meaning as)
to "Intent" Provision !
Department of Justice Wilt
Continue Fight on Shoe
Machinery Combine for
Criminal Acts
WASHINGTON". D. C, Feb. 3.
The supreme court of the Unltcl
States held in effect today for the
first time that the Sherman anti-trust
law does not forbid the mere combia
lug of non compet'tors.
The decision was given In the Shoe
Machinery "trust " case In which S
llcltor Bullitt for the government,
contended that, if combination brought
into one hand an "undue proportion"
of trade, it was forbidden by the anti
trust law.
"The disintegration aimed at by
statute does not extend to reducing
all manufacturers to isolated un'.ts of
the lowest degree," declared Justice
Holmes, in announcing the unanlmo.is
decision of the court, and that lho
mere organization of the United Shoe
Machinery company, by the heads ut
several non competing sroups of Shoe
manufacturers, has not tie)"n a Viola
tloh of the law."
The Justice, continuing, said that it
was unlaw ful no more for one corpora
tion to make ever part of a steam
engine and put the machine togethc
than it would be for one to make
the boilers, and another the wheels
In explanation of th.s concise state
ment of the law, he referred to the
court's iVcent Minnesota Creamery
decision, the older. Swift & Company
decision, in which the court held "that
Intent'1 was necessary as an element
to attempt to monopolize Bring r.g
non competing branches into, juxta
position alone by means of a corlora
tlon. he said in substance, was not
furnishing sufficient "intent" to rai3
the conduct to the dignity of an at
tempt to monopolize.
Despite todays decision, officials' of
the riemrtment of Justice declared that
the Shoe Machinery company will be
tirosecnted for alleged criminal viola
iIoii or the Sherman law under one of
the remaining counts in the indict
ments returned, the validity of whtn
have been susta ned by the lower
Congressman Pujo Deserts
Office for Secluded
Work Shop
The house banking and curren-y
committee is preparing to consider
the report of that body on the mon
ey trust, which Chairman Pujo, with
the assistance of Samue! Untermyer,
counsel of the Pujo sub-committee. Is
now draftlns. A meeting of the full
committee Is called for Wednesday
to consider routine business and soon
thereafter the committee wm uKe
p the money trust reiort. It will
be well toward the end of the ses
s'.on before the report, with execu
tive recommendations, will be work
ed through the sub-committee and
tne full committee of the house. Fu
o has deserted his office and is
working day and night framing his
....inn nt the report, which will em
brace recommendations on the fol
lowing principal poinis.
nr,iTaion of stock exchanges
through the post office department by
forbidding the use of mails in trans
jnttUng certain transactions deemed
evil such as snort saies aim i"'"i"
latlon to establish false values; rege
latlon of clearing houses through an
act making their incorporation a con
dition to the precedent to member
shin of national banks In such or
ganizations; stringent provisions o
t national banks loaning to of-
Sr. or directors and to prevent
banks and their officers from parti
cipating in synaica. """"""'. "'
new securities. Opposition Is Iook
ed for from both the sub committee
and the full committee to these rec
ommendations. The proposlt on that
will causa the most trouble. It is be-
.laved. Is inai u .ic.ti
Jng directorates"
I in sssssssssssssssssssssssk s I dBsssssssKPnssBBss&dliUiE?
SssssssBslsKSsKnBssssfiMlv'wPjHiHK u BslBssssVSHHMrCBK 'v''-. $SaBB
lftsssssssssWHSBSKtt&2lEBsssKA4tHi mbssssssB9bvkS3K: ste1-.BBKI
ssssssssssssssssreSsBSKssssxsxsssK Ssstii- 1" jE&Bi
Mrs. Henry D. Clayton (at the left).
and Mrs. M
WSHINGTON Feb T -(Special.)
-Women are going to play a bigger
part this year than ever before in the
ceremonies incident to the inaugura
tion of Woodrow WlUon. Women of
the solid, substantial kind, not of th
turkey -trotting variety.
Mrs. Leonard Wood, wife of tha
army chief of staff who Is to com
mand the mlli'nry end of the pa
Ieantry. holds a high social position
at the capital and will not be entirely
in the background during the early
days In March. Neither will Mrs
William Corcoran Eustis, wife of the
chairman of the inaugural committee,
nor Mrs. Bldndgc Jordan, wife of the
vice-chairman of the committee These
House Commitree Goes Into
Details, Taking Up
Many Items of Raw
The chemical schedule of the tariff
law. nrodiving 4 per cent of the total
goernment revenue from customs.
was considered in -executnc session
by the democrats of the house com
mittee on wave and mean today.
Manv items were taken up regard
ing raw materials used in the manu
facture of medicines, paints, dyes, and
in tanning, dying processes, coal tar
products and the like.
The schedule wm not ne material'
ly altered from th democratic bill.
t j. -1 lln lmtnA H ltct DAB.
rfS" Ir. ole of 179To 127? when'
present Governor Hanna, of Northi
Dakota, was the only republican whol
voted with the 'democrats for the
measure. The revenue ot wim,w)J chine gun platoon of the Mntn ca--gnlned
from the chemical schedule airy. The circumstances of the horal
last year win. rot be substantially dls- j c,je -are to the effect that Griffin
Woman Physician IS Victim
nf Insane an Fran-
ot insane ran rran
CISCO janitor
SAN FRANCISCO. Cal . Feb. 3. ;
Dr Madeline E. John, a physician,;
m nunrfcpd in her office this after-
noon by a man named Pntthlck, a dis
charged Janitor, who attempted to cut
her threat and then committed sui
cide by cutting his own.
rr lohn was taken to a private hoi -
pltal. where it was said that sholchlnerv men, but no decision was
mUht live I reached as to any of these contracts.
There was a sucffle In the office,. The contract for feeding the prlson-
tha noise of which reached the cor i ers in the county Jail at Tombstone
ridors of the down town building
where Dr John was a tenant The
police were summoned 'and an offlcci
gained entrance to the locked office
by climbing through a transom.
Gutthlck obtained nis position or
the recommendation of Dr. John and county was awarded to the Tomb
It is supposed that he attributed bis moos Prospector. The Job printing
discharge to ter. No other motive U went partly to the Douclas Dispatch
known. The man is thought to nave
been insane.
Miss Lucy Hoke Smith (top right)
orris Sheppard.
women as well as Mrs.
Wood, arc of
the socially elect.
Chief among the women who arc
booming things in the Wilson and
.Marshall league is pretty little Mrs
llenrv D. Clayton, wife of the repre
sentative from Alabama. She is goin
In strong on the league plans, -which
Include baHs and parties and lunch
eons and receptions preliminary and
subsequent to the inauguration itself.
Included In the "working list" for
these affairs are Mrs. Morris. Sbe
pard. Wife of the congressman from
Texas who will soon be a senator;
Miss Lucy and Miss Callle Hoke
Smith, daughters of Senator and Mrs
Smith of Georgia, and a lovely scjuad
of debutantes and matrons
Colored Trooper, of Ninth
Cavalry Has Case Dis
missed After Testimony
Is Given bv State
TOMBSTONK, Feb. 3. In the su
perior court today. John II. Landes,
the colored sol Her who killed one
of his comrades in Douglas two
months ago. was discharged today af
ter the evidence for the prosecution
had been taken.
District Attorney Gllmore was dls
appointed In the testimony and when
be found that it would not support a
verdict of guilty, fie, promptly' moved
a dismissal of "the case rather than
to continue, what he considered
fruitless, prosecution.
Both "Landes tud Wilbur C. Griffin,
who'VjvS, Killed, belonged to the mi
had provoked a difficulty which led
to a general fight In one of the tents,
in which Griffin was stabbed by
Landes, the knife .entering- his brain
throush the forehead. Landbs claimed
; that he was acting In serf nerecae.
1 The defense was conducted by J.
IT. Kingsbury, of" Tombstone, and liar
'old Elliot, of Bisbee. both of whom
t .. .,. .nnnlntail Kv the AllrT 4h H Ch.
jfendant being without means Vhis
-- tne firsl appearance of Mr. El-
n a crlmina, and he M:
for liome tonight highly elated over
i the result.
' Board of Supervisors,
The board of supervisors was la
session today, their entire time being
taken up In the consideration of bids
- . for bridge building, for road construc
tion macmncry. ooaruius pnauwere
and public nrlUng.
A treat number of bids were re
, ceived from bridge builders and ma-
was awaruea to air. tt.ucnenvi:..
The contract for publishing the
proceedings of the board of sunerris
ors was awarded to The Bisbee Dally
Review, while the contract for pub-
i Hshlng all other legal notices of the
ana partly to me iuSia wkiw
mm is
Democrats in Peadlock for
Manv Hours'Over Selec
tion of Speaker for Special,
Session Yesterdav.
S'"ck Member Sends Word
He Prefers Linney and
Then Bradner Withdraws
and Ends Hot Fight.
(Special to The Rev'ewi
PHOENIX. Fel. 3-Th special ses
sion of the Arizona legislature was or
ganized today after a hot and deter
mined battle between the friends of
the administration and those opposed
to Sam Brjidner. the admin stration
candidate fdr speaker of the lower
house. J II I Inney. of Yavapai coun
ty. was elected fter Ilradner withdrew
from the conlest !n the democratic
caucus whj' v n ijst night and con
1nued in ermittently unt'l today noon.
There are 3t democrats In the house,
but one of them, Mr. Moore of Man-
copa. was unable to be present ow
ing to the fact that he Is down with
the measles. The caucus reached a
deadlock with 15 otes for nradner
and 15 for Linney, and it was not
until Mr Moore, the sick member
made known his desire to the cau
cus, which wfi"thar Linney he elect
ed that Hradner. seeing that ne
could not be elected, withdrew f oin
the contest, leaxing Linney as the
jonly aspirent to be pjsented fcr
Governor Hunt presented his mes
sage, which was read to the Joint
session. The message. Is very
lengthy and goes into the conditions
of the state very thoroughly. M G
CunltT was elected president of the
council without opposit'on. He held
this position during the former ses
sions of the council and while there
had been some talk that he mlgnt
have oppositon for the position ,a '
thls session, none made its appear
mce when the time came for action
PHOENIX. Anz Feb. 3. The third
session of the 'irst state legislature
convened shortly prior to noon today
by election In the house of Linney,
of Yavapai county speaker and con
tinuance of Cum.T of Yavapai as
president of the senate. The last
l.anHxl body presumed that old offi
cers should be continued and thert
was little delay In beginning thel'l
In the lower house however a twenty-four
hour caucus left the demo
crat majority that was present equal
ly divided fifteen votes for Linney
and a like number for Bradner with
Cocke, of Maricopa, absent oa account
of Illness.
With this situation confronting
them the representatives made their
way to the capltol where a last et
fort on the part of the Linney men
secured the withdrawal of Bradner In
the Interest of party harmony and
Linney was chosen unanimously.
It was' Ilradners Idea that a grave
political error would be committed
should the house temaln In p. wrangle
over" the speakership until Cjocke. the
. . t ,-.. i..J
Dsem memoer migni reiurn, nevo
his action In withdrawing.
Prior to taking such action however
.... n nrua mtOA T.V tha Vinirfnc
' " -" "-- -j . I States senators on vveanesuay.
men to win the election ot Billy Gra- .
ham, of Cochise, to the- speakership, gANTA FE, X. M.,Feb. 3. -The in
but the- Linnoy mn were obstinate come tax amendment to the federal
and won the 'day hater organlzaUon constitution passed the house under
of the house was made complete J" 1 suspension of the rules today. The
the election of Sweetllng. of Graham j measure wag previously adopted uy
county, chief clerk and Bra wrier, of tne senate
Maricopa, sergeant at arms $.
In the senate Con Cronln, of SanU MURDERERS MUbT DIE
('rut county, was named secretary .
and Joe "Wiley, of Pima, sergeant at, ALBANY. N. Y.. Feb. ;.- Four raw-
arms. The clerkships will remain
. .,.... .h.. . r.M.k am 1 aAaei.n
Before adjourning for the day Gov -
ernor Hunt's message was read In
each house, an indisposition cf thelto extend clemency. -
governor's throat preventing his read-i -1 '
infi the document to the joint session.! BIG CALGARY FIRE LOSS.
PHOnNIX, Feb. S. A phone mes- packing plant, at Calgary. Alberta, for
agi received hem tonight from ftijil days, beginning Jan. 12. did
I'rescott, says trouble In the Pioneer jaio.OOO damage, according to the re
home of a serious nature Is on. iort of the New York Fire Insurance
Caldwell, superintendent, ousted, adjusters made public todar.
from tne home an inmate nameo tfraa
ley. of Clifton, for disobedience of or
ders. On Sunday some six Instate
of the home met Caldwell on the
streets of Prescott and attacked him.
General Ttautel R. Sleklea.,.
Veterans, irem tne ranks of the
northern and southern armies during
the Civil War, their widows and chil
dren, and rich men thtougtK-ut the
country are xpected to cancel the
debt between the state of New York
and General Daniel K. Sickles which
resulted in the aged eteran's arrest
cuarscd with having dekOted i'iZAI'i
of a monument fund to bis own use.
Mrs. Helen U. Ixmgstreet. widow o!
the famous general vho foi.ghl
Sickles .n the war. has oluntereu
to raise the needed amount from the
ragged and maimed followers of Iee."
Many Urge Barrett, of Geor
gia, for Secretary
TRENTON, N J., Feb. 3 Charles
u. Helfner, of Seattle, former chair
man of the democratic committee ct
Washington, called on Wilscu today.
"and d'scussed with him the Alaskm
situation and conservation ollctes.
Wilson said that Heifner's er and
was chiefly to arrange Tor a confer
ence on the subject to enter March
4, with a view to earry legislation
Representatives Stanley, of Ken-
ucky. Goodwin, of Arkansas. Calla-
way. of Texas, Cibble. of Georgia
and Russel of Missouri, urged the
governor to appo'nt t S Barrett, of
noon-la. iirsli!piit of the National
Farmer's union, to the secreta ybhirl
of agriculture
Wilson announced today the sele--tlon
of Joseph Patrick Tumulty o
continue as his secretarv when he
becomes president, but declared em
phaticalh that he had arr ved at no
decision as to other appointments
Tumulty has been secretary to
Wilson since the latter became gov
New Merico Makes New Pro
vision a Law Utah Sen
ate Passes Measure
SALT LAKE CITY. Utah, Feb. 3.
The Vtah legislature, by a vote of
13 to -4, passed a resolution vtbls- aft
ernoon ratlfyluz the amendment to
the federal constitution providing for
n 1rmt ta Tho hflllajv Tina n,lt
I a 4H.WU.. tu.h. ..w .vuuv .. u .. .
w 0 n,,, reSs0lutIon
The senate agreed td vote on the
i ,, f Mrrt olofltinn. of rnlted
' .... .
I derers will pay the penalty lor tneir
1 I ( .. ,h). ,n,. Itlnw thfl H.'.al?
1 beginniiig Feb. 11. Governor Sulzera"""'1's-
.announced today that he had refuseui
WINNIPEG. Win, Can, Feb. 3.
necessitating a call to the sheriff Jor
bis protection.
ter has com to the governor's. office,
SMfe. "IP W II B B
Current Report Says That
Porte Has Already Offered
Surrender to the Balkan
Turkish Delegate Declares
Allies Have Greatly Under
estimated the Strength of
Their Opponents
nieht) Feb. 3. It was announced of
fit-'ally that hostilities began punc- zens of the United 'Statesswhethf
tiully at 7 o'clock tonight, both at derived from xldle capital or in Jhg
Adrlanople and at the Tchatalja lines.lcouduct of business, was ,'madeAfG1i
U Adrlanople Uie allies opened a ' sUj1 today by .the ratification of the
general bombardment. At Tchatalja I sixteenth amendment to the .fpdeml
Insignificant fighting occurred.
i i iic siuies oi leiuware, vv y online
LONDON. England. Feb: 3. Tho'and New Mexico, by endorsing 19
Times says tliat the reirart is Cur-income tax amendment through their
rent among some of the Balkan rep I respective legialatures, completed
rcscntatives that the porte has a!.fle ' st oD thirty-eight states that
ready .telegraphed to Sofia offerlne to'have ?pl'j;?-ed " two more than th
cede Adrlanople on the conditions' lT f necary
laid down nnd that Bulgaria is ready nnal a(,P"on
to accent. The report cannot be con ' .,. , 5!!"p Be'?r J" -.-.
linn pel at the Bulgarian legation here,
hut Is not considered incredible
LONDON". England. Feb. 3. The
Balkan nar has been resumed. Thb
bombardment of Adrlanople began at
7 o'clock tonight and a small skirmish
occurred at the Tchatalja lines. Incomes below $4,000 or $3,000 ami
The armistice lasted exactly two w'" Provide a tax of one peV cc.it
months. Bulgaria turned a -deaf ear for ,h majority of personal incomes
to the remonstrances o p powers which do not run to an excessive
and unless Turkey . if Id 10 tne Bal- sure.
kan demands the allied armies will I . SuPplant corporation Tax
now attempt to drive her completely! An Informal notice of the final
out of Furope adoption of the new amendment wai
"., ,, . , , given the senate by Senator Brown,'
According to a dispatch tonight of Nebraska, who introduced the dls
from Belgrade. Scutari point Is fall-j CUS!jon in jgos upon which the pro
Ing. It is rerorted that the Turkish. sa , tiio Inmim. tax m suhmit.
commander sent two representatives
to the Seyvian commander to pronosn
the capitulation or that town.
Dr. Daneff. head of the Bulgarian
delegation, in an interview tonight in
Paris said that he has promised Sir
Edward Grey, British foreign secre
tary", if the Turks immediately ac
cepted the allies' conditions, they
virould conclude peace, but that what
ever happened theie would be no
further armistice.
Sir Grey had a long Interview to
day with, the king, after. which he at.
tended a .brief meeting of the ambas-
sadorial conference at which nothing!
ot importance was transacted mere
being no new developments sinco
Osman Nizlm Pasha, second Turk
ish delegate, will' leave tomorrow tn
resume his ambassadorial dutlei at
Berlin. He tald tonight that, from
information received from military re
sources, he believed the allies Iwd un
derestimated tho condition of th9
Turkish army and that they would
find themselves confronted with a re -
doubtable enemy the bst
man warriors, including veteran?
from Arabia, who fought under Izzey
Boy, tried soldiers, good marksmen,
and lately engaged In Tripoli under
Knver Bey and Fethy Bey. He added
that "the ambassadors were right
who predicted that. If driven to de
spair, the Turks would tight llKe wua
Raising War Fund Here and In Can
ada to Oppose Russia.
A fund of $300,000 Is being raisd by
Chinese In the United States and
Canada and In a few weeks will ha
sent to Wo Hun Mun, governor of the
province of Canton. China, to outfit
an army which Is to march from
Pekln to protect point In Mongolia
against the Russians. Already $25,000
has been subscribed by Chinese here.
For Authorization of Law
Under Which Incomes .of
Individuals, Firms and Cor
porations Will Be Reached
Two More States ThnmNec
essarv Have Accepted the
Sixtieth Amendment-A'ast
Increase in Revenues
I Direct taxes on the Itic'omos of oitl-
4 &pu.
tonight that through this, an author
! Izatlon law. which will be passed
to levy a tax upon American Income'
w'll be Introduced as soon as the
tra session opens. The exact term.?
have not been decided upon, but H
is Lelieved that they will exempt Oil
teu to the states. The drafting of a
b'll to put the tax into effect. It is
expected, will fall to Representative
Cordell Hull, of) Tennessee, a mem
ber of the- house ways: and mean's
committee, who drew Sup the excise
tax bill proposed last year by the.
democratic house, but which did not
become a law The income tax will
be designed to supplant the present
corporation tax and will apply te tlra
incomes of individuals, firms and
corporations. In a statement tonight,
Hull declared that he favored mak
ing the new tax an integral part f
the financial system of the umtJ
stntoa. to remain in full foree wth
OI,t regard to the character ot tarK
bills that congress may enact Ire
time to time.
Would Bring $100,000X00 '
One feature, 'it is believed, that
will be Included In the law- will he a
provision for "collecting at the source
of the Income." This feature, now In
operation In Hngland. would require
firms to certify the amounts paid in
industrials, salaries and fees and niy
the lax direct to th frwn-enl. It
u:i!ci m" ! ic..,u-o
much of the complaint which mlgfct .
be made if the government had to in
vestigate every individual ettteefl's
income and would also prevent .eva
sion of the law. The annaal amount'
the government may reaitos under
tlie income tax Is estimated kr
democratic leaders at arWHiate
ly $100,000,000 and would IweNde
$30,000,000 collected under th H
ent corporation tax. "One of tw hn-
portant results of the incow tax,"'
said Hull, "will be the carfctug of "
necessary federal expenditure. When
a great part of the gevertHUtn(1i In
Come is derived direct froni a tax or '
tho citizens of the nation. thy W
scrutinize more carefully f aro
pt latlon of congress."
Official Announcement
It will probably remain tor Prel
dent-elect Wilson to maki the BK
cldl announcement of tho .iirw tux
amendment to the constitution Ufc
to date the state department k-?s re
ceived notices of approval by tfie lg
islatnrcd of only 34 states.

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