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Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, September 20, 1911, Image 4

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Tke Arizona Journal - Miner
Oldest Paper in Arizann. Established iVlarch 0, 1864
Published by
Member Associated Press.
Published Every Morning Except Monday
J. W. MILNES. Editor and Manager
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
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
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
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
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
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
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
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
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
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
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 .
(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
' (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

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