The Birmingham age-herald. [volume], March 14, 1915, Image 1

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THE BIRMINGHAM AGE-HERALD
' If _ A_ _______
VOLUME XXXXIV O BIRMINGHAM, ALABAMA, SUNDAY, MARCH 14, 1915 44 PAGES (IN FIVE PARTS) NUMBER 312
r BEGIN SESSIONS
. HERETOMORROW:
O’Neal Will Be Summoned
Along With Others to Tell
What They Know of State
Affairs
JUDICIARY PLANS
TO VISIT CONVICT
CAMPS OF DISTRICT
Comer and Jelks Will Also
Probably Be Called Before
Probe Committee, Which
May Be Here Two Weeks
*T HUGH W. ROBERT!
The climax of the more or leas lea
OatJonal Investigation which the legli
I attire’s probe committee haa been
J—fclsy approaohea.
Bwry eye la Alabama will be di
rected to Birmingham tomorrow. For
•• that day—mot later than Tuesday,
at any rate—ax-Gor. Emmet O’Neal
will take the stand.
The probe committee will sit In the
city hall beginning at 9:30 o'clock Monday
morning. Its members will arrive from
Montgomery in a body this afternoon.
While here Chairman Merritt will put
questions to former Governors Jelks, Co
mer and O’Neal, and a number of others
who were connected with the preceding
state administrations. And the members
will interrogate heads of corporations rel
ative to contracts entered Into with the
state, and will inquire Into the conditions
of the various surrounding convict camps
In which the state has been and is in
terested.
- piii iruni me standpoint or general in
! terest, the climax of the committee’s work
will be reached when Governor O’Neal
takes ^the stand.
O’NEAL MEETS STEINER
AS CLIMAX APPROACHES
While tho object of the legislature In
appointing a probe committee was to
ascertain the manner in which the af
j foirs of tlie state have been conducted
In that out of the mistakes of the pest
j f&tuLary Vssons might bo le^.rn«<’, som*
» hare taken that appointment to indicate
j * desire on the part of the prohibition
majority of the legislature to embarrass,
Jf possible, the personnel of the former
administration, and to find substance in
the gossip which has been freely indulged
in concerning the former chief execu
tive.
When that individual takes the stand,
therefore, the state will for a moment
hotd its breath, his enemies hopeful that
he might be trapped, his friends hopeful
that out of the furnace he might walk
unscathed, and the nonpartisan deeply
Interested, but certain that no sensations
will be developed.
Governor O’Neal, it is believed, is pre
pared for the coining of the committee.
During the week he has been In confer
ence with various friends. For several
clays R. B. Evins of Greensboro, who
was adviser to the preceding administra
tion, has been in Birmingham, and has
I been in consultation with Governor
O’Neal. Last night Maj. R. E. Steiner of
Montgomery, the well known attorney,
w ho ably conducted the state s probe into
the scandal of the convict department,
reached Birmingham, was met at the sta
tion by the former chief executive and,
after having registered at the Tutwiler
hotel, left with him for consultation, It
Is believed, in private.
JUDICIARY MEMBERS
CAME LAST NIGHT
And while the probe committee is en*
deavorlng to find something of a sen
sational nature at the city hall, the Judi
j ciary committee will be sitting at the
I Molton hotel. Three members of that
j < ‘immittee. Chairman Davis of Walker,
Senator Lee of Etowah and Senator Mil
ner of Lamar, reached Birmingham last
night. Nothing relative to its course of
procedure in Birmingham was divulged,
although it is generally understood that
j while here copious testimony will be
taken regarding local conditions, the idea
prevailing, it is said, that too many courts
•xist In this county and that certain re
trenchment in other directions also should
be brought about.
With these committees in session, Blr
[ mingham will be kept unusually interest
I cd. The Judiciary committee will be in
session for only several days, adjourning
Y. ednesday or Thursday to sit again In
Jasper. The probe committee, however,
will remain here for at least two weeks,
for it Is said that Birmingham is so nearly
the greater part of the state, that it will
find sufficient material with which to
work in this district.
| Its labors, after the Birmingham sit
ting* will have, at any rate, lost Its spice
Br l. i. BETTY
Montgomery, March 13.—(Special.)—The
legislative recess committees on Investi
gation and the Judiciary will prosecuto
j.: their labors next week In Birmingham,
the first committee holding sessions at
the city hall and the latter at the Mol
, ton hotel. Both committees will begin
I their sessions at 9:30 o’clock Monday
morning.
i The Joint Investigating committee will
follow the line of research upon which
they were engaged In Montgomery: name
1.1 a careful and tireless Inquiry Into
the use and disposition of public funds.
The Judiciary committee will visit Bir
mingham for the purpose of obtaining In
formation relative to court conditions
there, with a view to making certain
changes In the Judicial system of the city
and county.
Needless to say, the sessions of the in
vestigating committee will probably be
t more Interesting to the public at large
than the meetings of the Judiciary com
mittee. The Investigating committee, as
j Indicated above, will make an examina
tion of public offices, both county and
-'.tie, with a view to correcting abuses.
T If any exist, and with Che further object
| of suggesting changes which might re.su.t
in a more efficient and capable manage
: ment of the public affairs.
May Vigit Convict Camps
This committee will make Inquiry while
| in Birmingham concerning the various
su.ivict camps in that section of the state,
(Csattasad mm rig* Ton)
i ^ 1. . c' .Ic
_I
ALABAMA LAWS IN
THE AGE-HERALD
The Age-Herald Is the only news
paper in Alabama which publishes
complete the official copies of the
new laws of the present legisla
ture. The first of these laws will
be printed In The Age-Herald of
Thursday, March. 18. 1915. mak
ing nearly eight full pages in the
newspaper.
The first Ust contains the new
prohibition laws, anti-advertising
laws, the child labor laws, amend
ments to banking laws and many
others of vital Interest to every
patriotic citizen.
Tou will want extra copies of
Thursday's paper. Order them
now.
DENIES REPORT OF
ATTEMPT TO SLAY
THE KING OF GREECE
Rumor Grew Out of Arrest of Insane
Person Near Palace, Says
Greek Ambassador
at Berlin
Berlin, March 13.—(By wireless to
HayvlUe.)—The Greek ambassador at
Berlin denies the report recently pub
lished that an attempt had been made
to assassinate King Constantine of
Greece. The ambassador says that the
report probably arose from the fact
that an insane person was arrested In
the neighborhood of the palace at Ath
ena
From October 24 to March 1. 20.476
persons returned from concentration
camps of belligerent countries by way
of Switzerland. There were 7650 Ger
mans. 1980 Austrians and Hungarians
and 10,845 Figuch.
The government of Luxemburg haB
resolved to seize all stocks of grain and
other food supplies.
ENGLAND HAS LOST
88 MERCHANT SHIPS
SINCE WAR BEGAN
Fifty-Four Victims to Hostile Cruis
ers, Twelve Destroyed by Mines
and Twenty-Two Sunk by
Submarines
■London, March 13.—(9:30 p. mj—The ad
miralty, announcing tonight the total
number of British merchant and fishing
vessels lost through hostile action since
the war’s outbreak, says 88 merchant ves
sels were sunk or captured. Of those, 54
were victims of hostile cruisers, IS were
destroyed by mines and 22 by submarines
Their gross tonnage totaled 309,946.
In tho same period the total^arrivals ami
sailings of overseas steamers of all na
tionalities, of more than 300 tons net,
were 4746.
Forty-seven fishing vessels were sunk
or captured during this time. Nineteen
Were blown up by mines and 28 were cap
tured by hostile craft. Twenty-four of
those captured were cadght on August
2d, when, It Is understood, tho Germans
raided a fishing fleet.
THE CONWAY CASTLE
SENT TO BOTTOM BY
CRUISER DRESDEN
Survivor of German Fleet From Bat
tle of Falkland Islands Is
Again Preying on
Commerce
Valpat dso, Chile. March IS.—It was
learned today that the British bark
Conway Caatle sunk off Corrall, Chile,
by the German cruiser Dresden, was
sent to the bottom February 27.
The Conway Castle's crew was
brought Into Valparaiso yesterday by
the Peruvian ehlp Dayton. The date of
the sinking shows the Dresden was In
Chilean waters two weeks ago. She
lias not been reported since the naval
engagement off the Faltland Islands, De
cember 8.
COUNT ZEPPELIN
IS A GRANDFATHER
Son Born to Only Daughter of the
Inventor of the War
Dirigible
Berlin, March 18.—(Via Condon,
11:30 p. m.)—A son has been born to
Count and Countess Brandensleln
Zeppelln. The countess Is tho only
daughter of Count Zeppelin, Inventor
of the Zeppelin dirigible balloon. At
the time of her marriage the King of
Wurttenburg conferred upon her hus
band, Baron Von Brandensteiu, the
title of count with the name Brar.den
steln-Zeppelln. Thus the name of Zep
pelin is borne by a descendant of the
Inventor, although he has no sou
RICHARD H. EDMONDS
IS ILL IN BALTIMORE
Editor Manufacturers’ Record Suf
fering From Strain of
Overwork
Baltimore. March 13. — (Special.)
Richard H. Edmond*, editor of the
Manufacturers’ Record, Lc ill i£ his home
in Roland Park. He is suffering from a
breakdown brought on by overwork.
Reoently he returned from the south
and While there his work was rather
strenuouB, and when he got back he was
compelled to take to his bed. His con
dition is improved tonight.
POTATOES MUST BE
MIXED WITH FLOUR
Berlin Takes Another Step Toward
Conserving Her Flour Supply.
Bread Coupons Limited
Berlin. March 13.—(Via London, 9:50 p.
m.)—The magistracy of Berlin today is
sued orders that beginning March 15 po
tatoes must be mixed with wheat flour.
Bread coupons may be used only to a
limited extent for the purchase of flour,
of which only 125 grams may be obtained
on a coupon good for 250 grams of bread
Orchestra Rehearsal foday
The weekly rehearsal of the Bir
mingham Orchestral association will be
held at Musicians' kail this afternoon,
‘■•ginning St 1:M o'clock.
if.'.j* 4
BELIEVED ACTION OF
THE EITEL IN SINKING
AMERICAN VESSEL
WILE BE BpiATED
Germany Not Expected to
Raise Issue Over Rig^*'
of Passage of Condi*' *
Contraband
BERNSTORFF SENDS
A FULL REPORT OF
AFFAIR TO GERMANY
Captain of Cruiser Relieved
of Responsibility for Ac
tion, But Question of
Reparation Not Affected
Washington, March 13.—Germany
probably will repudiate the action of
the captain of the Prinz Eitel Fried
rich in sinking the American ship Wil
liam P. Frye and make reparation for
the loss of the vessel and cargo, in the
opinion of German officials here.
Inasmuch as the United States and
Germany are in accord on the question
of shipping foodstuffs from a neutral
country to civilians 1n belligerent terri
tory, no issue is expected to be raised
by Germany over the right of the cargo
to be sent to its destination without in
terruption.
Count Von Bernstorff. the German am
bassador, after a visit to the state de
partment today, indicated that he believed
the case would be settled without much
difficulty. He told Counsellor Uansing
what the captain of the Prinz Eitel had
told Captain Boy-Ed, naval attache of
the German embassy, as to the sinking
of the American ship; hut the ambas
sador reserved his own opinion on the
action of the commander, saying he had
no instructions from his government.
Captain Thierichens of the Prinz Eitel
informed Captain Boy-Ed that his only
guide while at sea and for many months
out of communication with his govern
ment, was the declaration of Liondon.
This would permit the destruction of a
neutral prize if carrying a cargo more
than half of which could be proved to
be contraband, provided it was impossible
to take the vessel to a homo port with
out endangering the captor warship.
Since the war’s outbreak Germany has
defined its^ views on shipments of condi
tional ootfuuband and contended that
foodstuffs must be proved without any
doubt to be bound actually to the bellig
erent forces of an enemy before they can
be seized.
Sends Out Report
Tho Gorman ambassador sont a full re
port to his government of the story of the
German captain and the reasons for the
latter’s action.
From the fact that Count Bemstorff
had presented to the Btate department
Captain Thterlchens’ side of the case, the
Inference was general earlier In the day
that the ambassador had defended the
commander. Later it developed that the
ambassador himself had expressed no
views on the subject to the state de
partment.
It was said on good authority that in
his report to his government the ambas
sador pointed out that while the captain
acted as best he could under tho cir
cumstances. being Ignorant of the status
of the contraband situation, this would
be an important factor in relieving the
commander lroin personal liability, but
would not affect the necessity for the
payment of damages and the making of
reparation by the German government.
W. D. Sewall, of Bath, Me., owner of
the Frye, and Capt. H H. Kiehne, its
skipper, conferred at length with offi
cials of the treasury and state depart
ments. The captain gave in detail his
story of the sinking of the x'Tye and he
turned over to the American govern
ment copies of the papers of his ship.
The German captain withheld the orig
inals in accord with his rights under in
ternational law, state department offi
cials said. Captain Kiehne left tonight
for his home in Baltimore.
Counsellor Lansing said nothing had i
been brought to his attention which had ,
not already been disclosed in press re- j
ports. Captain Kiehne had denied the j
story of an attempt to ram his vessel, j
Mr. T^anslng said, and had added that
the Eftel Friedrich came north on a
course far out to sea and turned due
west into Newport News because of a
lack of provisions and the need for re
pairs.
Question of Damages
The question of damages was discussed
briefly between the owner of tho Frye
and state department officials, who in
dicated that If the sinking of tho Frye
was proved to be an aggravated case,
punitive damages In addition to the value
of the ship and cargo might be asked.
They pointed out that England paid 2u
per cent punitive damages in the famous
Alabama case during the civil war, but
added that a final decision In the pres
ent case had not been reached.
Btate department officials said the next
step would be the drafting of a formal
claim, which could not Le completed until
definite Information had been received
from owners of the cargo. As yet tho
department knows very little of the con
signees or persons to wnom the cargo
was said to have been sold, while en
route and conditions of sale. As soon
as that data is obtained the case will oe
ready for presentation to Germany. It
was believed likely by some officials,
however, that some word would be re
ceived before that from the German for
eign office offering voluntary settlement
of the case.
Although navy department officials had
under consideration the time to be given
the Prinz Eitel for repairs, no announce
ment was made. At the state depart
ment It was said all neutrality phases
of the case had practically been dis
posed of.
The report that Germans taken off the
American ship Frye had been held by
the commander of the Prinz Eltel for
further military service was brought to
the attention of Counsellor Lansing, who |
said the state department had been In-1
formed that the men were German sub-<
Jects and had voluntarlly'enllsted In the
commerce destroyer’s crew.
| SAMllBL HOWLS UI2AD |
| Springfield. Mass., March 14. \
| Samuel Bowls, (dltor and publisher f
4 of the Springfield Republican, died 4
4 at 1236 a. m. today. 4
» . . | »
-''is., AV ^At':.’ -uv
SEVEN BRITISH STEAMERS HAVE
BEEN TORPEDOED IN THREE DAYS
REMEMBER THERE IS NO ARM
OF THE LAW TO GUIDE THEM
-- - --
BRITISH COLLIER
i
CREW IS SAVED
Two Other Vessels Reported
Sinking and Three Are
Seriously Damaged, Says
Admiralty Report
GERMAN UNDERSEA
WARFARE RESUMED
ON BROADER SCALE
Three Vessels Torpedoed Off
the Scilly Islands, Three in
English and One in Irish
Channel
London, March 13.—(10:35 p. m.)
The admiralty announced tonight that
tho British collier Invergyle was tor*
[pedoed today off Cresswell, England,
and sunk. All th* crew were saved.
The n<lmlrnlt.v an noun cement aay*
that since March lO seven llritlah mer
chant Ntcamcrn had been torpedoed by
snbmnrtnes. Tito of thear. It la stated,
were wink and of two other* If In aald
that “the alnklng la aot confirmed.”
Three were aot nunk.
The two ateamera officially report
ed mink are the Invcrayl© and tho In
dian City, which waa torpedoed off ’he
Scilly lalnnda on Mnrch 12. The c«*«wr
of the Indian f'lty waa reported rea
med.
Tho two steamers whose reported
sinking I« not yet officially confirmed
are the Floraaan, which waa torpedoed
(it the mouth of the Bristol channel
on March 11. all of her crew being
landed at Mllfordhaven, with the ex
ception of one fireman, and the An
dalusian, which was attacked off the
ScUly Islands on March lit. Tho crew,
of the later vessel is reported hs res
cued.
The Andenwen was torpedoed In the
English channel on March 11, and has
nine© been towed Into Cherbourg. Her
crew was landed at Brisham. The
steamer Headlands was torpedoes.
March 12 off tho Belli y Islands It la
reported that her erew was saved. The
steamer Hart dale was torpedoed March
13 off South Hock In the Irish chan
nel. Twenty-nine members of her orew
were picked up and two were lost.
TWO SHIPS SUNK;
NO LIVES ARE LOST
Pensunce, March 13.—(Via London,
11:50 p. m.)—The British steamers In
dian City, Heudlunds and Andalusian
were torpedoed off the Scllly Inlands
Friday morning by the German sub
marine U-29. The Indian City was
Mink but no liven were lost.
Describing his experiences, Captain
Williams of the Indian City said.
“At 7:30 o’clock Friday morning
when nine miles south of St. Mary's
island T sighted what T thought was
*ho periscope of a sub marl no 900 yards
away. The submarine dived and came
up astern.
“I kept tin' steamer going, but the
submarine caught up with It ttiof
through the megaphone the command
er told me to put my flag up. 1 hoist
ed the German ensign. The commander
then told me to get Into the oo&ts,
which we did. He then blew up the
steamer."
The Indian City was a new vessel
and was on her maiden voyage.
CZAR LEAVES FOR
THE BATTLE FRONT
Jxmdon, Miiri'h 13—The Rmperor of Ruv
ola loft the Imperial residence at Tsar*
koyo Selo this mornlnft for the hattla
front, according to u Reuter dispatch
from Petrograd.
SUNDAY’S AGE-HERALD
1— - Legislative committee meets here
tomorrow.
Thaw faces renewed effort Co send
him to asylum.
Caah register company case re
versed.
Seven British steamships sunk.
2— To hold Older Girls’ conference.
3— United States repeats demands to
Villa.
Eyewitness tells how the British
scored victory.
5—Tuesday Is clean-up day.
Bell succeeds Pride on recess com
mittee.
Sharpe rules on anttad law,
Birmingham may get cotton seed
convention.
To name judge to aid In criminal
work.
8— Puihlou Week a great success.
7—Billie Burke a happy bride.
*—With the local photoplay rouses.
9— Shapiro on reform.
10— Homer Billingsley not In Alabama
Is belief.
11— Sergius J. Witte, Russian states
man, dead.
IS—The Book Shelf.
14—Sports. *
IB—Begin fight on liquor ad law.
IB—Automobile gossip. , 1
17—Britain grateful to Roosevelt.
21— Zoo In mourning for Siamese “Paf*
22— People will be asked to pay for J
things tbey era using.
28—Markets.
”4—A Corner In Ancestors.
25—Theatres.
'St and 29—Society.
27— Novelists drop pen for sword.
28— Ned Biace and adltorlal comment.
30—Improvement associations hdf S
schools.
81—Dolly's dialogues. , - "
33-40—Magazine seotlon.
41-44—Comio supplement.
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OLD DISCREPANCY
IN DRUG BUREAU
BROUGHT TO LIGHT
I
Report Filed With O’Neal
Showed Money Illegally
Spent in 1912—Matter
Was Adjusted
By L. §. BETTY
Montgomery, March 13.—(Special.)
That a dlacrepaacy of aevrral thou
sand dollars existed In the hooks and
accounts of the pure food nnd drug
bureau of the agricultural department,
even prior to the period covered by the
Investigations of Special Examiner J.
If. Craig, Is shown by a report filed
with Governor O'Neal by former Ex
aminer Frank V. Evans on the books
of that department for the flscnl year
ending September 30, 1012.
Examiner Evans charged back to the
department for that year $7,614.4G, which
was illegally paid out for salaries of
samplers and clerks. This discrepancy
was charged back to the department on
the advice of the attorney general. The
matter was adjusted later, however,
through the board of compromise.
Regarding the number of stamps In the
office of the pure food clerk, Examiner
Evans said that the manner of providing
these stamps to the chief clerk renders It
impossible to check against him. He
charged the department with a total of
2,029,112 stamps, held by the office on
September 30, 1912.
”1 would recommend the importance
of having said stamps obtained through
the auditor s office, as Is done in the
matter of fertilizer tags,” said Examiner
Evans. “This would save to the clerk
of the pure food and drug department the
responsibility of error m accounting for
the number of tags received, and would
make possible a checking system.”
The investigation of Special Examiner
Craig, according to his first report filed
with the investigating committee, cov
ered the last two years, hence the dis
crepancy of $8000 found hy that exam
iner may not have resulted from the
employment of special clerks and sam
plers, as was In the case in the report
filed by Captain Evans.
The contents of Examiner Craig’s re
port have not yet been made public, but
it is understood that he found errors In
the books of Mr. Billingsley, pure food
clerk, amounting to more than $*000. That
these errors were the result of criminal
action on the part of the former official
of the pure food bureau is indicated by
the fact that, acting on the advice of
the governor and the investigating com
mittee, Examiner Craig swore out a war
rant against Mr. Billingsley, who has
rot yet been arrested.
FOUR KILLED
IN EXPLOSION
New York, March 13.—Four CbyB and
one man were killed and several persons
Injured today In an explosion of a large
gasoline tank lnBrooklyn. The explosion
wrecked a two-*tory brick buThSITg of the
Crew Levlck company, which owned the
tank, and shattered windows In Building,
two block, distant.
The boys had Just le— compands of
fice after giving warning of a leak from
tlic tank. The man killed was the t>lant
foreman. George W. Ivery, who was on
his way to repair the leak.
To Witness Launching
Washington, March 13.—Secretary Dan
iel. plan, to leave Monday afternoon on
the yacht Mayflower for Newport .sew.
to witness the launching of tbe battleship
Pennsylvania on Tuesday.
THAW AGAIN FACES
RENEWED EFFORT TO
SEND HIMTO ASYLUM
Is Acquitted of Conspiracy
Charge, But Legal
Fight Is Just
Beginning
New York, Miirch 13_llarrv K.
Thaw, acquitted today of «*on*pirncy In
eacaplns from Natleiman, fared to
night a renewal of the determined ef
fort* of New York *tate Ut *eud him
back to the a*ylum. la bln eell in the
Tomb* he wa* enthu*la*t1c. Ill* keep
er* nald be wa* whfatllng like n boy
and seemed to be the happie*t mnn In
the city.
Almost endless litigation seemed to l>e
In sight as the result of the verdict. The
words of acquittal had scarcely died on
Foreman Bailey’s lips when Deputy At
torney General Cook was on his feet with
a. motion to have Thaw recommitted to
Matteawan. This was opposed by John
B. Htanchflekl, chief of Thaw's counsel,
on the ground that the court had already
had under advisement a motion to return
Thaw to New Hampshire, whence he came
to answer the conspiracy charge. The
motion was renewed and Supreme Court
Justice Page set Monday at 2 p. m., for
argument thereon.
Occupied Old Cell
In the meantime Thaw occupied his old
cell In the Tombs prison, the cell Jn which
he was locked during the months from
the night he shot and killed Stanford
White, nearly nine years ago, to his re
moval to Matteawan.
Thaw’s four aides in his whirlwind au
tomobile flight through four states from
Matteawan to Canada, were acquitted
by the same verdict which acquitted
Thaw and were discharged. Deputy At
torney General Kennedy, while satisfied
with the verdict in so far as it related
to Thaw’, said that he had expeetd a
conviction of Thaw's accomplices.
An appeal from Justice Page’s decision
In the motion to return Thaw to Mattea
wan was regarded almost as a certainty,
regardless of what the decision might be.
The case, therefore, seemed likely to re
main in the courts for months before
Anal decision.
Thaw dined heartily In his cell in
the Tombs tonight. To a warden who
brought him a number of congratu
latory telegrams he expressed gratifi
cation at the verdict but was noncom
mittal when It was suggested that he
might soon he declared sane and re
ceive his liberty.
“I'm not so sure of the outcome as
that," said Thaw’, "but I am going to
make a fight for it.”
LOST IN MINE, TWO
STARVE TO DEATH
Ilttsburg, March 13.—William Hale, aged
5, and Albert Tomlinson, aged 10, wan
dered away from their homes In Bankg
vllle. near here March 6, and searching
parties weim unable to find them until
today whetf a number of men entered an
abandoned coal mine. There they came
L-pon the dead body of Hale and. nearby
was Tomlinson almost dead from starva
tion. The boys had lost their way in
the old workings.
DANISHSHIP IS
HALTED BY CRUISER
New York. March 13.—Officers and pas
sengers of the Danish steamship Oscar
It. arriving here today from Copenhagen,
said the ship was stopped In the North
sea by the British converted cruiser Ced
ric, a former White Star liner. Officers
were sent aboard the Oscar H to examine
her papers before she was allowed to
■racssd.
CASH REGISTER CO.
CASE REVERSED BY
COURTOFAPPEALS
Patterson and Other Of
ficials Not Guilty of Vio
lating Criminal Section
of the Trust Law
Cincinnati, March 13.—Holding that the
evidence on one count was Insufficient;
arid that neither of the other two counts
should have been considered by tho dis
trict court, which tried tho case, the
United States court of appeals for the
Sixth circuit today overruled the decision
of the lower court, which convicted John
If. Patterson and 26 other officials or
former officials of the National Cash
Register company of Dayton, O., of being
guilty of violating the criminal section
of the Sherman antitrust act and remand
ed tho case back to the lower court rur a
new trial.
The first count charged conspiracy to
monopolize the^aah register trade of this
country, whlle^the other two counts
charged the monopoly of trade. The up
per court held that while the first count
wos In proper form to present to the Jury
yet evidence had been introduced concern
ing National Cash Register competitors
who had not been in existence during
the three-year limit of law previous to
the finding of the Indictment. This evi
dence, the court said, should not have
been allowed.
Court's Opinion
The court continued: "We think that
there was conspiracy against competitors
during tho years that the National Cash
Register company was making Us first
fight, but the evidence showing that a
conspiracy did exist, only brings us to
the door of the three-year period, and
It was for us to decide whether It had
entered that door.”
In the decree the court paid a tribute
to the National Cash Register company.
It said: “In justice to the National com
pany and the defendants it should be
poled that It was the pioneer In the cash
register business and developed It. It
cv.ned the basic patents and must have
acquired In a proper manner a very great
number of Improvement patents. In addi
tion to this It had the advantage of a
very great capacity in the management
o? its affairs. These two considerations
together, without reference to any un
fair treatment of Its competitors, are suf
ficient in themselves to account in a large
meusure for the success it has attained.
And it is not unlikely that Its trade was
pirated by other competitors besides the
American, of Philadelphia, and the Bos
ton, against whom It obtained decrees
of infringement and that these, as weil
us others, in competition with It resorted
to some of the tactics complained of
here.’*
The defendants in the National Cash
Register case, who were indicted by a fed
eral grand Jury at Cincinnati three y€ar»
ago numbered 30 men, Including the pres
ident. John H. Patterson, and 29 other of
ficials or former officials and depart
mental heads of the National Cash Reg
ister company of Dayton, O. Twenty-nine
were convicted by a Jury in the United
States district court and 27.' including
President Patterson, were sentenced each
to serve approximately a year's time lit
Ohio Jails. The verdict was me of the
most sweeping over given under the crim
inal section of the Sherman law.
The indictment was reported to United
States District Judge Howard Hollister
(CestisuH os Paso Four)