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Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, September 20, 1911, Image 1

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Weekly Journal-Miner
Counsel rorflcllamaras
Is (Wi Will
Contempt Of
i 1
m Win
lo Mexico
Member of Red Crow Will
Testify on Behalf Of
Warrant Issued For Arrest
Of Attorney Harrington
Of Chicago
Br Associated Press.
I.OS A NOBLES, Cal., Sept. 18.
A warrant chnrninir John H. Harrinu
ton, Chicago attorney nllicd with the
McNarnnro defense, wni sworn to to
hv for alleged contempt of court in
Harrington ' refusad to answor quc
Hon beforo tho sraml Jury. The war-
runt was given to tho sheriff for
itrwco but n search reveals tho fact
that Harrington had been absent
fr si the city a week. lie Is sun-
poed to bo in . Ban Francisco work
lap in tho office of Of A. Tvcitmoe,
tt retnry treasurer of the State Hulld
I MS 1
inn i rimes council.
Tit ssunnco of tho warrant, nc
f ' ing to Deputy District Attorney
r or L. Vcltch, is only tho begin
fit k' f n scries planned by tho prose
r:t n to Htoji nllcgcd attempts by
lb MrVntnnrn defomo to intlmidato
the Hlntn'g witnesses. Tho citation
- h preceded tho' warrant nccuied
hVnngtoti of refusing to .answer
quest mutt before tho grand, jury rein'
li to an aliened attempt to Jnflu-
n n Mrs. I). II. Incorsoll. tho Han
Franc sen lodging honso keeper, who
went. Hod J. B. McNnmnrn as J. I.
Brvec, to leavo tho state. Uryco
staycil at Mrs. Ingcrsoll's houso im
mediately preceding tho Times ex
Supporting tho citation was nn nf-
iwavit from Charles P. Wlor, fore
man iif tho crund jury, setting forth
tkf questions which dlnrrington re
fund to answer pleading as an at
torney that his information on tho
subject una nrlvileirnd. Tho nuos-
tiorn purported to detormino whethor
H.Y'riiigton offored tho womnn's bin
brd money to assist her in leaving
" s'nto. Another affidavit from
Incroll unid ho never employed ITar
'iKton as nn attorney.
11 Associated Press.
LOS ANOKLKS. f'al.. Sent. IS. -
"created in all his preliminary ef
forts to balk a heart nir flenirnl
Caryl Hhy .I'ryce, insurrecto leader
or Lower California during tho ro
cent rebellion, will go Into court to
morrow prepared to fight extradition
on the merits of his case. The tcsti-
many of II. Ii. Stewart, member of
the Hcd Crosi, who assisted in enrry.
ing the wounded after tho first bat
tle at Tia Juana will testify that he
personally knew that I'ryce after
capturing the town issued strict
orders against lootintr and ordered
all liquor in tho place confiscated
leu toe men ilrinking might disre
gard his commands. Hasina Ids con
tention on Stewart's testimony,
I'ryce ' attorneys will ask for the
dfstnissnl of the rnbherr clmrtre which
they sny in tho only one the Mexican.
government has any real hope of
Alexander Savine, said to be a
wealthy merchant of Tia .litann,
created a small sensation today when
he whispered during the trial to At
torney Frank Stewart, who is repre
senting tho Mexican government that
ho would be- followed and threatened
him with dlro results should tho testi
mony ho was expected to glvo lie
unfavorable to I'ryce. The prosecu
tion asked a continuance of tho hear
ing until tomorrow in order to ob
tain warrants tor tho nliegcu of
Antonio Orenlnl. tho first wltnois.
translated the complaints against
"y Associated Press?:
OLFAX, cnl., Sept. 18. Fowler
announced today that ho will make
a Uial flight Wednesday nnd has
i'ta that ho will rosumo his flight
wrland Thursdny. Tho repairs to
tnnchlno aro nearly completed.
lha tho roports that tho engino
w ' uninjured it is understood now
1 t ho had to ond to San Fran
o for a now ono. Ho is still con
sent and snya he will win the prize.
plans to atart Thursday at day
"ink when the currents nro le
B4,lva than later in tho day.
Ilv Assoolatoil Tress.
I.O,S AN'OBLBS, Cal., Sept. 18. -
Frankhu K- Lano Is scheduled to
arrivo hero tonight to begin thu tnk
Inir of testimony tomorrow in the
rate cases affecting Arizonn. The
Maricopa County Commercial club.
romplninanti nnd P. A. Jones, traffic
nianncer of tho club, are hero to con
duct their side of the caso. Ono
caso affects California to Arizona
ilixiriliuwvo nue
In through ports. Another nffeets
stock shipments.
Snrrntarv Tomlinson of tho Ameri
can Livestock association is hero t
aid tko cattlemen. Three others In-
Arizona shipment of farm
manufactured products Including day
and flour. Arizona Is still maintain
ing that its territorial commission
has the right to net and thnt other-
wle the cominiision's hands nro
(led, the rntes being IntoMtntc.
Jouraal-Vlitr-Hlfli tlaw job work
NBW VORK, Sept. lS-Kloctrolytic
4120 to $12.02 Yt.
Lake. 12.02W to ViATfi,
Casting, 112.25 to 12-30.
Storm In
tty Associated Press.
CHICAGO, III., Sept. 1S.-A check
tonight shows that two persons wore
killed nnd many Injured in today's
storm which blow down signs, uproot
ed trees nnd displaced roofs. The
wind was followed by heavy rains.
The dead nrc .lohn Mcl'hllltps, 'X
yenrs old, blown over a rallinir Into
a basement, and Thomns Matthews,
2S years old, who was found dead in
a gutter filled with wnter. It is be
lieved the latter wns knocked sense
less by a fall and drowned.
Basements of tho big down town
stores were flooded and much glass
was broken. The damage is esti
mated at half a million dollars.
UKTHOIT, Mich., Sept. 18. Do-
trolt's second Grand Circuit race
meeting, held In connection with tho
Michigan State Fair, opened today
and will continue until next Friday.
Tho program provides for twenty
events, nmonir tho winners of which
15,000 will bo distributed.
SANTIAGO. Chili. Sent. Jfl.-Thu
ninety-ninth nnnlversnry of tho de
claration of Chilian independence was
celebrated with elaborate festivities
throughout tho republic today.
Declares Enforcement of the Sherman Anti
Trust Law Will be Signal for Voluntary
Dissolution of Illegal Combinations
lly Associated Prcssu
DKTHOIT. Mich.. Sent. 18. I'rcsl-
dent Tnft today plunged into the
political nhasfl of his lontr trip throush
llio west. Ho delivered a set speech
which mnv hnvo n determining effect
on IiIm future, die choso "trusts"
as his subject and outlined Ills posi
tion on thlg Inquisition.
In n second speech ho answered tho
charge that he had used patronage
to further his own ends and cnnllcnK-
cd the men who mndo tho chartro to
come forward and join hi in in tho
extension of n civil scrvico policy to
Include all tho niinointivc offices un
der tho government. Ho announced
a uniformed opposition to any
amendment of tho Sherman anti
trust law designed toward overthrow
Inn tho "rule of reason" as laid
down by iho United States Supremo
court and challenged William Jen
nings Drynn and nil others criticizing
tho courts to clto a restraint of trudo
case which they would condemn which
Strike Depends On
Machinists' Action
Conference oi Harriman Line Employes
Ends Abruptly When Kruttachnitt
Refuses to' Recognize Federation
lly Associated Press.
CHICAGO, III., Sept. 18. James
W. Kline, president of tho Interna
tional Union of Ulnckimiths and
Helpers, arrived today after a trip to
Han Francisco to attend n conforenco
between tho officials of tho five
unions involved in tho dispute with
the Harrlninn lines over tho recogni
tion by the railroad officials of tho
shop employes' federation. Tho con
forenco ended abruptly witli Krutt-
schnltt's refusal to recognlzo tho federation
Klluo stopped off at sovcral places
en route to learn the temper of tho
men in question. He said they al
most unanimously favored n. striko if
recognition was withheld. Ho fur
ther said that no action would be
tnken Immediately.
From an authoritative source to
night it wna learned thnt nn action
would bo taken by the International
official until aftor thn International
Association of machinists, now in
session in Davenport, Town, adjourn,
ed. Further action depends largely
on tho attitude of tho machinists,
without whose support no strike could
be called.
lly Associated Press.
KIBV, Uussia, Sopt. IS, Hussian
Premier Peter A. Stolypln died to
night from the bullet wounds Inflict
ed by an nssnssin during a gala per
formance at the Municipal theater
Tluirday evening. Tho official time
of his death was announced as 10:12
i. in. Tho premier was conscious al
most until tho last. Toward tho end
he suffered greatly and finally his
heart action became weaker and
weaker until as his body grow cold
the premier realized ho was dying.
At a lucid interval tho priest admin
istered extreme, unction and Metro
politan KlM'lan blessed and consoled
him in his last moments. His Inst
words were "Lift rno, right up,"
Hopo for hla recovery was aban
doned this morning nnd .premature
reports of tho premier's death wero
prcvnlcnt hours boforo ho actually
Ouo hundred and fifty nrreits of
lawyers and other acquaintances of
Dmitri Hogroff, Stolypln 's assassin,
have been made at Kiev. Hogroff
talked freely nnd gave tho authori
ties many valuable clues and his
would not bo condemned under Jus
tico White's definition.
Prasrtdaet'a Address.
My fellow citizens: I propose to
take up tho ipiestlon which has oc
cupicd the attention of tho American
people for now twenty yenrs, that of
industrial combinations known ns
"trusts." During tho Inst year wo
have had two groat decisions by the
Supreme COIirt of the L'nllnil .Mlnln.
They nro epoch-making, and tho pub
lic has not yet come to renllzo the
effect that those decisions nro certnln
to have. It is not that tho construc
tion which tho court has put upon
tho net Is different from that which
most members of tho profession, nnd
most subordinate courts, nnd indeed,
the supremo court itself, had before
indicated an tho proper construction
of the statute; but it in that H is now
flnnjly sottlcd, by two fully con
sidered decision in respect to two
of the largest nnd the most power
ful of these combinations, nt which
their illegality consists In, nnd how
they are' to be treated, in view of
tho finding that, they, ore lllognl and
do violnto the provisions of tho so
cnllcd nntl-trust or Sherman net.
Persons who do not undcrslnnd tho
Inw hnvo n great deal to say which
Is Intended to lead tho public to the
belief thnt in hoiiio way or other tho
supremo court has emasculated tho
statuto and prevented Its operation
ngninst objectionable and Injurious
trade combination,, and conspiracies.
Nothing in further from the triith.
When tho sta.tuto wns pnsscd In
1800 tho expressions used in it to do
fine its object . nnd what it was pro
posed therein to denounce as unlaw
ful were not now but they were suf
ficiently broad nnd Indefinite to re
fjulre judicial construction to settle
their meaning. Congress wns deal
Ing with s subject mntter Jn respect
to which it may be assumed that the
legislator! themselves wcro not clear
as to the exact limitations of the
meaning of tho word In the stntute
vaey wrro passing. Tlioy knew
MADItID, Sept. 18. - A general
strike, which has revolutionary sup
port, has broken out at Valencia, a
maratlme city 107 miles southeast of
here. Martial law has been declared
and troopu occupy tho streets, The
telegraph wires have been cut. Just
before communication was broken it
was reportod that serious disturbances
had occurred, Valencia has 200,000
NBW YOnit, Sept. 18-8llver G2j
Mexicans unchanged.
NBW YOUK, Sept, 18-Lead $1.10
to $1.60.
original confident hohavlor has given
way to dospoodoney. Jt I generally
bollevcd that Hogroff is a member
of ome autonomous organization or
ganized for tho purpose- of assassin
ating individual statesmen. Another
theory widely , believed is that ho
was both, a polico spy and a revolu
tionary agent and when fouad out
was forced to kill Stolypln or be
killed hlmsflf.
ore wan an evil which iimv imn4
to restrain by tho ennctmont of this
law, and they rolled upon tho courts
In thoir construction of the law to
hedge nbout its oporation such ro-
'tritium nn wouid proveni tuo statute
from being so wide in its nppltcsw
nun n iu i ii mm vo a DMi ni iiy and tho
impracticable. Tho early doclsiona
under tho Inw cannot bo said to have
been fortunate. The decisions Ja
waht is known ns tho Sugar Trust
case the Knight case was renlly n
rctrogrndo step nnd ono which really
fo limit much the operation of tho
statute. It encouraged the organi
zation of combinations which th
same court has since found to violate
the statute. Tho caso could not be
effectively presented to the court be
cause tho record had not bron prop
erly mndo up nnd the questions aris
ing were treated in the opinion in
such n way as to glvo tho impression
that tho opcrntion of the law would
lie most restricted, because of limits
of federal jurisdiction. Indeed snmo
Jaw officers of the government did
not hesitate to say thnt under this
decision thcro wns llttlo hnpn of
reaching' the ovil aimed at through
federal notion. -
It has required twenty years of lit
Igatlon to make the stntute clear,
llut now It is elenr.
I shnll not nttempt to give it a
clone. 'lawyer-like Interpretation
but I think it is not departing from
the declaration of the court to sny
that they find nny contract In re
straint of trnde, mndo for the pur
pose of excluding competition, con
trolling prJcos or of maintaining a
monopoly, in part or In whole, Is con
trary to ihc statute, and It subject to
injunction and Indictment under tho,
stntuto In tho federnl courts where
It affect interstate trade, ..,
Now, I yould llko to ask Mr. Hryan
or any of the othor publicists and
JurMts who hnvo been denouncing
this opinion as tho surrender of
the rights of tho people and n usur
pation of judicial power, to loll tho
public what particular contract or re
straint of Interstate trudo ho would
condemn whloh would not be con
demned within thU definition of tho
court. Tho difficulty with tho literal
construction of tho statute U that It
would denounce n great mnny minor
or incidental restraints of trade,
which made the utatute ridiculous and
weened Its effect and lent support
to the criticisms and contemptuous
treatment of the statute by thoso
who were opposed to Its passage nnd
For Instance, take tho instnnee cited
by a fcdoral circuit judge jn which
ho said that under the literal eon
(Continued on Paga four.
lly Associated Press.
numbor of persons were killed today
In a clash between the state troops
and robclloiu Indians of Chiapas ner
Rio do Orljalva, Chiapas. It was
stated at tho prcsMcat's of firs that
troops will be sent to the scene.
WACO, Texas, Sept. 1, The of
fice building recently eompleted l
this rlty by the Amicable Life Insur
ance company was formally dedicat
ed and opened today. The structure
Is twenty two stories high and i
said to be the tallest office bulMlg
In tec Houtbweit.
! 1-
, ' I . J) .

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