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WEEKLY JOURNAL-MINER, WEDNESDAY MORNING, SEPTEMBER 20, ign Tke Arizona Journal - Miner Oldest Paper in Arizann. Established iVlarch 0, 1864 Published by THE JOURNAL-MINER PUBLISHING COMPANY Member Associated Press. Published Every Morning Except Monday J. W. MILNES. Editor and Manager TERMS: Daily, per year 9-o Daily, per month 75 Weekly, per year a50 Weekly, rfix months i5 Weekly, three months :oo Payable in Advance. Oader the requirements it tho nuw postal law, subscriptions are payable In advance in order thnt the paper may bo permitted to past through tho mall m aeoondelass matter. Accordingly, subscriptions) will be (topped at expiration Entered at PostofBce, Prescott, Aviator's obituaries should state (ho number of flights, not the number of yenrs. A pessimist is n mnn who complains about the poor lighting arrangements in the room in which he in wearing bis blue glnsses. An Imperial Valley farmer fattened Ills hogs on broom corn worth $150 n ton. What expensive briHtles those porkers must hnve. Defective wiring if given ns the cause of the recent conflagration in Phoenix. When Hvo wireg get to gether something is bound to happen. Charges thnt Julius Caesnr drank beer happen to appear just ns a French scientist has declared there never was such a person. Somebody has erred. A French woman wants to fight a duel with a male editor. Her request will put French politeness to the test, so difficult is the task of refusing a lady's request. The weather mnn has failed to stnto just the kind of weather they have in Heaven but last Sunday in Prescott was about tho best you can get on enrth. A woman in a Berlin theater tuny wear a bat if she desires. The police will assess a fine of $5, but the op portunity to show u real swell hat might bo worth this. Chicago protects against the scheme of putting good eggs in storage nnd keeping them until they are bad, That city is not alone in the mutter. Tho prejudice in favor of good eggs is general, Canadian police have uneurtlied a ten dollar bill which they believe is a eluo to tho stolon $305,000, Poor judgment a ten dollar ante In n pot of that size proves that the game is crooked. Mexican children use cube sugar dipped in chocolate us a confection. On this, side of the line children use something dipped in a chocolate col ored substance, but it could not be called sugar. Oh a diet of oatmeal, eriickers nnd peanut butter, a Boston septuagenar ian reports himself frisky as a colt. Btlll it would not bo wise to imitate him. Most people are to constituted ns to need food. At present many candidates nro en joying the pleasure of pursuing their political biographies. After the re turns arc in most of them will hnvo tho opportunity of rending their obit uaries. Ono night stands formerly applied to tho theater folk. Now the aspiring candidate ifre following tho examples of tho Thespians and it 'k a different town every night but nlwuys the same old speech. Within a fortnight It will be pos slide to get out of the plaza on a rainy day without wading through tho. mud. Watch tho workmen In stalling the cross walk 011 Montezuma street nnd guess the nnswer. Last week two highwaymen attack ed a man in Tucson and attempted to rob him of his wearing apparel. If the citizens of H10 Old Pueblo will follow Mary Garden's advice tho highwaymen will either starve, to death or be forced to run for something. Mnny politicians have had so much trouble locating a candidate in whoso probity and judgment thoy can plnco absolute confidence, that they feel forced to run themselves. Ariz., as second-class mail matter Aro you ready to take a banker around the loop and bring him back safof A skunk farm has been started at Fort Scott, Kansas, We hereby de cline to handle nny Fort Scott ex changes. Science has its kindly side. Now when n rich man Is crazy he' is said to suffer fnm "constitutional in feriority." Tho motorist fined twice in one day would hnve committed only one offence hnd he been sent to jail for it. Tho center of wealth Is moving to wnrd Prescott. It will be here on the second of October Bankers convention. A 'Kansas man hns sued for $."5,000 n lot of roystcrors who forced whls ky down him. Valuable throat or awful whisky. Dry farming and dry climate; both In tho sumo place. That makes an elastic climate, and it keeps it work ing full tilt nil the time. Information thnt an umbrella was found in the stomach of .1 Delownre bay shark fails to stnto whether or not t lie Implement was open. A f'nlifornin bov lost his nerve when he tried to hold tip n bank in Maryland. Can it be that tho effete and demoralized Knst in sottinir so baa that it can scare a Westerner? Two aviator are on the wine In the ocenn-to-ocenn race. That is they wero on wing Thursdnv. One of them is now on the ground nnd the other went up in the nlr so high that he became lost. Political candidates seem to be the principal exhibit of the Willcox fair. The dry farm products hnvo been neglected nnd the crowd gazes breath lessly nt tho impending army of sen ntors nnd judges to bo. A Kansas babe loses part of his brain nnd lives. Not so very re markable. Many people mnnnire to get along without brntns. Given rea sonable luck or a fondness for poll- tics nnd tho infant Heed not despair. A Connecticut mnn walks home un. injured and without a grlovnnco after naving been run over by two outo mobiles. There's n working optimist for you, or tho India rubber man so long missing from tho trnvnllnir circus. Score another credit for tho fihnm. ber of Commerce in gettlntr the In. surnnco rates reduced. Tho majority 01 Dimness men will nvp enough to more man pay their annual dues to that nctlvo and praiseworthy organi zation, within a few days it will bo poH siblo to walk from tho depot to West Prescott on cement sidewalks and crossings ovory inch or tho way. Tho Missing link namely tho wnlk ncross Montozutun street, it now bo ing itistnllod. Champ CJnrk snld "that no ono has over turned down tho proildont inl nomination," Harmon snvs "no mnn will run uwny from tho prcsl dency." Thus wo nro nssurod that two of tho domocrntlc nrmv of ns- plrnntH nro rondy for tho starting gun. Mnino' prohibition election seems to bo so closo thnt they ennnot do. cido which side is the victor. In tho ovent of thplr innblllty to decide on a "straight" decision, whv not lot it go as n'" half-and-half" state that's fair enougbl TAFT DEFENDS OIL AND TOBACCO (Continued rt met ion of the statute which must ln enforced, if there were two per sons loing a wagon-express business across a state lino nnd they united in a partnership, the union in thnt part nership would be a restraint of inter state trade in violation of the stat ute. Such a result is a reduction and absurdum, and no one who was in favor of inaKing the statute effective for the purposes for which it was passed and hnd any intelligent ap preciation of whnt the statute was intended to accomplish nnd what it meant, would contend for such a con struction. It is true that in one of the decisions of the supreme court there wns n statement mndo thnt the tornt "reasonable" could not be in troduced into the statute because congress had not put it there, but tho very same court, and the very same judges, when a ease arose present ing n restraint of trade that must bo condemned ns unlawful if n literal meaning were to bo given to tho statute, said in so mnny words thnt it must be reasonably construed, and thnt it must not bo held to include contracts that were merely incidental restraints of trade nnd were not mode for that purpose. In one of these cases a man owned some stenm boats that did an interstate business on the Ohio river. He wished to sell out. He did sell out and in the sale of the steamboats he wished to sell the good will of the line which he hnd been running. Accordingly, he stipulated that he would not himsolf cngngc In thnt business between those same points for n certain number of years. This wns interstate business nnd his enntrnct wns in restraint of trade, but tho supreme court held thnt it was a mere Incidental re straint, incidental to the sale of the good will, and so wns not within the statute. This would have been the same nt common Inw, where from time immemorial such restraint ns this has beea held reasonable because limited to the necessity of preserving the good will which, the vender wns sell- ling, nnd which, but for such nn ngreement would be worth nothing. In other word the supreme court in this ease gave a reasonable con struction to the statute nnd elimin ated from itn operation those harm less useful incidental restraints growing out of lawful contracts which are mnde for nn entirely dif ferent pnrposo from thnt of control ling prices or maintaining n monopoly by suppressing competition nnd which hnve nlwnys been recognized ns properly enforceable by courts of both law nnd equity. I repent agnin thnt in spite of all the denunciations thnt we hove henrd of the difficulties of the supreme court In the Standard Oil nnd the Tobacco enses, there is not one who hns criticized them thnt enn formulnte a contract in restrniut of trade thnt ought to come within the statute that does not come with in it under the decision of the su preme court. It is said thnt the supreme court has rend something into the statute thnt was not there before; thnt it has Inserted the word "reasonable" bo fore restraint of trade, when the snme court had snld that this could nob be properly done, because cong ress had evidently not intended to include such n limiting wnrd in tho statute. This is not fair to the court. It is truo that the court in tho earlv dnys of the construction of the sta tute, hnd said that it could not limit tho stntuto In effect by excluding irom us operation whnt was deemed reasonable nt common Inw. Hut ns other cases nrose it "found It neces sary to make exceptions to the literal operation of the words "restraint of trade" and It did so bv e.xccntlif what wns minor, or incidental, or In direct, nnd including only those cases where the chief object of the contract or combination wns the restraint. In doing so tho court said that it must give the stntuto a reasonnbln enn. struction and not one lending to nb surd or ridiculous results. In the Inst two cases tho court ilbl nnt chnnge tho substance of the reason- inir ana scope of tho urev ous dlffl. cultlos, but only trented tho exeop tlons previously termed "incidental and Indirect," as excluded from the operntlon of the stntuto In tho light of reason, ie., In conformity to the ovll sought to bo reached. Now, in whnt way has this Injurod tho pub He woalt What combinations or ar- rnngomonts can escape under this In. torpretntlon that hnv senslbl n mnn would wish to hnvo condemned! Did tho court not condemn thnt Standard Oil company, tho father of nil trusts, in tho history of whlqh nvcry nrm or criminal illegality was pract iced T Did it not, on the other hand, condemn tho tobacco trust, of much later origin and frnmed under the advices of cunning counsel for tho very purposes of evading tho con demnation of tho stntuto and at tho snmo tlmo securing nnd enjoying the monopoly the frnmcrs of the stntuto Intendod to prevent and punish! Now, I desire to call attention to 11 very broad distinction thnt mnnv nnr. Hon hnvo failed to draw or perceive uuiwccn rensonniue construction of the stntuto which tho supremo court Ims insisted upon and the introduc tion of the word "reasonnbln" in the stntuto so as to lead to a result by which combinations for tho purpose of restraining trAdo with a vlou- in controlling prico nnd maintaining a monopoly could bo hold to bo reason nblo nnd thus lawful. Until the do clsion of tho supremo court in theso last two cases there was a clearly do fined hopo in tho minds of many business men who had reached the conclusion that it was impossible to conduct buslnos on a free compot- m uu3io, mm mat 11 was neces DECISIONS From Page 1.) sary to secure monopolistic control of prices nnd competition in order to make busines reasonably profitable, that in some way or other the statute could be construed ns to make it ap ply only to unreasonable monopolies and unreasonable exclusion of com petition nnj control of price 9. In my message of .lanunry 7th, HUO, on the interstate commerce nnd anti-trust lnw and federal Incorpor ation, I ued this Inngunge: "Many people conducting great businesses hnve cherished a hope nnd a belief that in orne wny or other a line may be drawn between "good trusts' nnd 'bad trusts,' nnd that it Is possible by amendment to the anti trust Inw to make a distinction under which good combinations may be per mitted to orgnnize, suppress competi tion, control prices, nnd do it nil le gaily If only they do not abuse the power of taking too great profit nut of the business. They point with force to certain notorious trusts n having grown into power thiongh erlminnl methods by the use of 1 legal rebntes nnd plnin ehenting, and by various nets utterly violative of business, honesty or morality, and urge the establishment of some legal lino of depuration by which 'criminal trusts' of this kind can be punidioi1, nnd they, on tho other hnnd, b' per muted mder the Inw to carry on their business. Xow the publl", nnd cspcelnlly the business public, ought to rid themselves of the idei that such n distinction is practicable or enn be introduced Into the statute. C'ertnln'y under the present anti trust Inw no such instinct . sts It hns been proposed, however, that the word 'reportable' should i uade a part of the statute, and then "int n milium oe leu to tiie court to nv what Is reasonable restraint of tile, whnt is reasonable suppression of competition, whnt Is reasonable mo nopoly. I venture to think thnt this is to put into the hnnds of the court n power Impossible to exercise on nnv consistent principle which will insure the uniformity of decision essential to just judgment. It is to thrust upon tho court a burden thev have no precedents to enable them to carry, nnd to give them a power approach ing the arbitrary, the abuse of which might Involve our whole jii.llcinl sys tern in disaster." This paragraph has been quoted and sprenii nn tlm ronr.i ,.r n ... ate on the motion of a senator who r. ..M.i. mi una l0 ). , variance with the decision nt - court. Instead of being nt variance, it Is in exnet accordance with those decisions. Again from those who hnve given ..vu roiiipimion ns nn economic force t int oiiulit tn I... 1 .. ...... ... vniiruiuni or enforced, and who nre utterly op posed to the spirit of the nnt'i-trust Inw, we hnve frequently heard the question "well, miiiiinni' i-. 1.. thoso large combinations under the statute, what are you going to do nbout It f You can, perhaps send some men to tho penltentinry for creating those combination), which have cheapened the cost of produc tion nnd given you most of vour foreign triido mu much of Vour prosperity, but what to do with the enpltal Invested, the ,....1.1. mm uie orgnnizntionf You can confiscate It mui ml tl Villi tskia.. try by a panic, but yon enn't divide mnn i-miiiiinniinns into their compon ent parts, for tho line of division has disappeared Into n .ni.iml.ut,., erehln." . The court has met the issue and the question presented bv the doubt ers and scoffers. It has vindicated the majesty of the law, hns Illustrat ed tho wonderful elasticity and adaptability of remedy by injunction In equity nnd -has nt the same time manifested a due regard for the wel fare of the Innocent business man and the community nt Inrge, who, in n cntnelysm enused by the confis cation of such enormous enpitnl ns aro Involved in these comblnntioiis ortd a suspension of the legitimate part of their business, would be buried with them in n common ruin. The, court has exhibited a courage In facing the necessary results in enforcing tho statute that, Instead of prompting nn nttnek on it, ought to make every American proud that we have such n tribunal. It Is now enforcing Its decree ngnlnst the Htandnril Oil rnrnnnnv nn.l tljo lobneco company nnd It is mnk- h imiBo urcni computations divide themselves into component parts un dcr such provisions in the decree thnt nn Injunction slm)l be constantly operative in nrm-nnt 1 .1 proceedings any nssnmptloii of the iu iriuiiung or a monopoly. This was un easier matter in referenco to the Standard Oil company, because It wns ensy to divide up tho various enmpnn e thnt wr imi.i 1,.. ownership of stock of nil the com- ,....nB in a single nopilng company. In the tobneen unninmiv .1 ' could not be worked out so easily, nnd It will bo nocesnry to sopnrute the properties owned by single com. I'l.iu.in nun 10 uinirinutc titeso plants Into different nn.l ,1irnt.... ershlps in order lo create competi tion botween thorn nnd mnlntnin thnt i-uiimoimon uy 1 no power of n eon- tinillnir InlnnKlInn nimln.i . r a - iiiiii nny aiu- tiro union or narpmnnnt I ... . rt- - - - Miuiii lll- uro competition. Tt needed these two kivi. uuemun 10 lencn uto biiHlnoss public that at least not in the su promo trlbunnl of this country would tho claim bo listened to, that Jn this day nnd trenerntlnn wn I 1 boyond the possibility of free com- uMiiuii im i-uiiBisicni witn proper uilness srowth. or thnt i.i... reached n tlmo when only regulated munupuiy nun xne rixing or prices; by wins prize with SKULLFRACTURED Turns Drill Four Minutes After Being Hit With Hammer in Jerome Contest And Later Dies From Injuries (From Tuesday's Daily) dnmes Kennedy succumbed at Je rome yesterday morning from the in juries he received Saturday afternoon when he was struck on the head by a hammer in a most unfortunate and unavoidable accident by his associate in n miner's drilling contest. Par ticulars of this sad occurrence were learned yesterday from Deputy Sher iff C. f. K-cler, who was present nt the time, and which reliovcs Chnrley Shull, the associate of Mr. Kennedy of nny responsibility. At the time Mr. Kennedy was hit by tho hammer, he was turning the drill, nnd Shull wns doing the striking. Both men had been working ns n team and at exactly deven minutes after thoy had started the handle snapped off close to the socket, nnd the hammer struck with terrific force ngninst Mr. Ken nedy's ltend, striking him above the left ear and producing what later was learned as a fracture of the skull over an inch long. Although he was seriously wonded, Kennedy continued to hold the drill and not until nftcr the regulation fifteen mint. Us had elapsed, did he release his hold. While it was known to many by-stnnders he hnd been hit on the head, tho seriousness of his wound was it(t appreciated. After the contest wns ended he governmental nuthority nro consistent with future .progress. We did get along without mon opoly; we can get along without it; and the business men of this country must Mitiurc themselves tn Dint nir. essity. Kither that, or we must pro- s's-i-n in nuiie rnciaiism una vest tne government with power to run every business. The decision of the su preme court is in the highest inter- est of thn liublin nnil T run nln.1 in think that business men who have been vlnlati IK' tlm trimf Inw nrn lielnir mnde to sec the nniwxnUv tnr putting their houses in order, c'hnng- iing uieir original organizations, giv- Mil- til) I IIP MIM Illflt It ia nni,.n,t' to control mnrkets in order to mnko proms, ana reverting to tho old principle of free cnmnMltl nn In which nil limit upon it to prevent 11c in-iiig excessive must no self-imposed by the good sense of each competitor nnd not by any arrange ment or contrnet between competitors or ecret stipulation or wink or nod. The decision of the supremo court ns it grows to be understood in the nenr iiiinre will tie a signal for tho voluntnrv brenking-up of nil combin ations in restraint in trade within 1 lie inhibition of the statute, and will. 1 hope, lend to a complete re vulsion of feeling on tho pnrt of the business men of this country, nnd to n elenr nnderstnnding by them of the limitations that must be imposed by them upon nny business combinations made by them in the future. Tho op erntlon of the statute has Illustrated the slowness of judical prooeednre, and rfif this T hnve often made com plnlnts. but in the settlement of is sues of this importance two decades are nn grent length of time, nnd if in that' period we shall have stamped out nn evil which would certainly hnve carried ns to socinllsm ns n re action from tho vicious control of the few the time spent, the effort, nnd the litigation are worth the cost BEULAII BINFORD PICTURES ARE BARRED NKW YORK, Sept. M.-.Tnmc9 G. Wnllnce, Jr., commissioner of licenses in Mayor Oaynor's office, sent out letters todny notifying nil of the COO or more moving picture show houses In New York city thnt no moving pictures or other views rep. resenting sccneH from the trial of Henry Clay Benttle, Jr. for tho mur der of his wife, or In nny way con nected with the cnie. mnv bn n. sented by them, under penalty of "wijg wicir ileuses suspended or ro voked. Wallace added in rnnlv a question that tho prohibition would rerer to any films presenting Hn.,ih Blnford in connection with the Bent- 110 case. Wnllnco snld: "This is not n ... sorship of films. I am acting uudcr chapter 7 of tho code of ordinances, which mnkcs it dlscrctlonnrv win. tho Commissioner of Licenses to sus pend or revoke licenses of nnv Ing plcturo houses which hn to bo improperly conducted. I would ueem me revoking of licenses to bo in tho interest of public mornlUv i enso such pictures should bo shown." Oil T)1np tniaUi ... kind with which to sxraiZ Cltinnn-.in anla i !.. .Vt. ,u office siguTnai.MlMr 1 L I ... 1 1 It. ..1.1J 1 . 8E BUILT TO (From Tuesday's Dallr) If. S. Mnsson, chief engineer of the- Arizona Power company, with G. II. Wnlbridgo, of New York, stockholder, after a trip of examination to the Brnilshnw mountains, hnvo returned to the city, nnd as a result of their .obsorvntions announce that? a power transmission lino to Crown King will be constructed from Poland Junction to that active mining district via Mayer and Bine Bell if tho opcrntors will use the scrvlctf. Both are pleas ed with the Bradshawa which they found very active with an almost un limited tonnage of pay ore. In the case of consumers, who are situated within two miles or more of the rail road, a material reduction will bo mndo in tho expense of operating by power, over prevailing methods is in timated, from which will be Inferred ho liberal inducements, that await the building of tho line. Among the properties investigated were the old Tiger, Nelson, Pacific Copper, Tiger Gold, Lake Superior and Novadu, Springfield mines, tinder option to the Consolidated Arizona Smoltlng company, Snvoy, Lincoln, Wlldflower War Engle-Oladlntor, Crown King, Swnstika nnd Do Soto, all of which nre now developing or under operation with mechanical facilities, Including reduction plnnts. Tn addition td the above number of mines running, which is tho largeut ever known to bo under headway fn that section, thero nre also many IndlviduaV propositions whkh Inter will bo plncod in tho power consuming class. Dofinito nc tion, it Ih expected, will bo tnken within tho next few wookg and that the lino will bo constructed seems assured. INSURANCE HAN COMPLIMENTS CHAMBER ' (From Thursday's Daily) A fine compliment wna paid the Prescott Chamber of " Commorco yes terday by a prominent Insurance man who is in tho city for n short business visit. Ho had interested nomo ensteru farmers in Ynvnpal county, but ther inquiries got beyond his ability to cope with them. In a postcard which ho exhibited in the offico of tho chamber yester ly, ho had writtcnt "Address tho Secretary of the Prescott Chamber of Commerce, the most progressive, as well as the most stable and reliable civic body in tbe entire Southwest." nun oiiuii un 1111- juuiiuriii to rCCCIVO the first prize against two other teams, $110 being divided between tho victors. In about an hour after ward, Kennedy complained of feeling faint, nnd intense paints seized him in the hend. He was taken to the United Verde hospital, where an ex amiuation revealed the serious char acter of his injuries. Part of tho skull was found to have penetrated his brain, and nftcr an opcrntioa of trepanning was performed he was taken to his room down- town, when he passed into an unconscious state, remaining so until his death. The death of this populnr and in dustrious young miner hag caused a gloom in that nnd other mining com munities of this county. The con test he was engnged in wns very ex citing, nnd pitted against him and his companion wero other miners who wore in the favorite column. This nil the more spurred the two young men on to win, which they did, but with the loss of ono through nn ac cident thnt enshrouds tho event with gloom nnd sorrow. Tho remnins will be brought to Prescott today for burial in Mountain View cemetery. A i-istcr of tho deceased resides in this city, to whom tho tender sym pathy of all is extended in her ind loss. POWER LINE BRADSHAWS .1.