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THI. TIMr.!. FOIJNDKD ISM.
T?M niKPATCII I.'OlINDMD isr.o.
WHOLE NUMBER 18,190.
RICHMOND, VA., THURSDAY, MARCH 10, 1910.
" prints the news and
prints it first."
PRICE TWO OENTS.
FOR JNGOME IH
Call of House Defeats
Effort to Break
Rcpublicaris Conspicuous by
Their Absence?Halsey Leads
Contest for Amendment to
siter Fights Single
Senate Vote on Income Tax
Area?Mr.HTM. Carter, ""nrlr, Kd
ntondson, Folkes, fjnrrett, nnyle,
llulxc.v, llnrmnu, Keer.rH, Klng.
Owen, Pnrk-, lll-on, Milr, Min-,
Strode, Tucker, Walker, AVIoklinm
A'oes?Mensr?. Oravatl. Lannlter,
JVoel, Thornton, AVnrd?5.
After thc absence of a- quorum ha
neceseltated two chIIs of the lloue
and the arrest of several members b;
llio Horgcant-at-arrns, the Senate la.
nlght passed the proposed incomo ta;
amendment to the Constitution of th
United States by a vote of 19 to 5, thu
rcverslng tlio action of the Hcuse
The debato was upheld chlefly by sup
porters of the amendment, Senato
I^mslter belng tho solo champlon o
thc ncgatlve. contentlng hlmself al
most complctely wlth reading
length.v '-dltorlal from the New Vor!
Sun. AVhen the vot* was taken. an.
before lt was announced, it was ascer
tained that no quorurn waa present
After a- m'.tion to adjourn had bec:
voted on thrlce by dllatory tactlcs.
call of the house was ordered.
For a solid hour thn members wcr
conflhed wlthin the hall, waltlng th
prosence of a quorum. On the fir?
rall, when one member came in fror
thc hall of the Hou.e. a quorum wa
dcmon3trated. but before thc vote wa
taken Stenator Lasslter broke th
quorum by leavlng the chamber.
< nll of Hon*. Ordered.
After Senator AValkor had polnte
out that In a matter of such grca
moment every technicality and foi
mallty should be complled with, Sei
gcant-at-Arms AVatklns was dlrccte
by President Ellyson to go_ out an
arrest all the members that'he coul
find. In his absence Scnators Thon
ton and Owciw came in, but lt ws
thought proper to have the report c
the scrgcant-at-arms before proeeet
Ing. Flnally, voluntarlly, Senator Las
slter returned, and then Senator Noi
was brought in by the call of tl
house. It was noticed that tho P-cpul
llcans, wlth the exception of Senate
Nocl, were all absent. lt was report*
that several of the members lntcr
tlonally avolded the vote, not wlshin
to bo recorded.
Just as the hands of the Senato cloc
pointod to 11:30 tho sergcant-at-arn
returned, made his report, and thc
the chair ascertalned a quorum. ar
ordered the voto to be taken. Senate
Lasslter raised tho point that tl
resolutlon rcqulred twenty-one vote
Kincc it affected, ho thought. tl
flnances of thc State, but the cha
ruled the point not woll taken.
Throughout the sesslon Senator La
slter endeavored to secure an adjouri
ment, but was voted down heavl
each tlme. It was an Intense parlli
mentary battle that was fought, at
every n'ce point was brough up ar
every rcqulrement complled with,
that hereafter no questlon may i
raised. Senators Halsey, WIckham ai
AValker showed that they were mast
| parliamentarians ln the way they ke
tlie Senate together until a vote i\'i
Sovoral Scnators trled to leave f
varlous reasons, while the doors we
ordered to bo closed, but the Iron hai
of Doorkeeper Donald intorvened ai
' prescrved tho lntegrlty of the body.
Thla was tho first call of the Hou
of the sesslon, and, indeed, the fIr
ln several scsstons.
At 8:45 tho Senate began its nlg
sesslon, after waltlng some time
secure a quorum. Tho debate contlnu
Halsey Let! Dehnte.
Senator Halsey in an able a:
aggrosslvo speoch began the present
; tlon of the caso for the advocates
tho proposed Sixteenth Amondmoi
"The income tax amendment is
accord wlth a recognlzed party prl
clplo," he deelared. "In the Gorma
Wllson tariff act passed by a Dem
cratlc Congress ln 1831, there was
clauso puttlng a 2 per cent. tax
lncomos. By a vote of 5 .to 4 t
? Federal Supreme Court deelared th
act unconstltutlonal becauso lt h<
that an Incomo tax on land was
direct tax nevertholoss. Tho propos
amendment has recolved tho lndors
mont of the Democratlc party ln
platform. Fver since the Democra
without excoptlon, favored the resol
tlon passod by Congress sub'mlttl
tho questlon to tho peoplo. Goverr,
Swanson In his 'ast message gave
his unquallfied approval.
"It ls a just tax. The present pi
tectlve tariff Is a tax on consumptb
This Income tax would place tho ht
dons of government on thoso ln
ablo to hoar them. Tho protoctl
tariff is class lcglslatlon of tho wo
'?All concodo that tho tax is ,1ust.
effoct on the Interests of great woa
ls shown by tho<fact that Aldrlch
"Tho powor to tax incomes alroa
is Inherent ln tho Federal' governme
This amendment only provldos a n
thod, whleh somo havo contondod t
eonstltutlonal ln tho absonce of c<
stltutlonal amendmont?tho mothod
taxlng according to tho ntlo . of u
formlty, rathor than' npportionm
betweep iho sovoral States."
HcnliCM to Utiglirn.
Taking up tho 'orlttelsm. of Goveri
mughas, of New Vork, as to tha p
Blble monaclng powor ln thp fut
I ,.<Contlnued on FaurtU I-ak;e,>.
CAN STILL GO SOME
I/ncle sani's Mnttl._lil|?? Able lo Exceed
Thelr Contract Sfieed.
Washlngton, Ii. C, March 9.?Admi
ral Hchrocder has ploasad tlio navy
ofiifliilj: by a report upon tho recent
full power trials or the battleshlps
cotnposlng the Atlantic lleet off Ottan
tanatno. The remarkabic showlng was
mado that Bhlps clevcn years old, llko
the WiHConsIn, were capablo of cx
ceodlng tliclr contract specd, which ls
rejrarded as a hlgh testlmonlal of the
clllclency of the englneer forces and
thn caro taken of the machlnery.
The general statement lH madc that
thc horse-power rcall/.ed by the fleet
oxcocdcil that developd on tho con
tractors' trials, althougli In the case
of the Guantanamo trlal.s thc crews
were regulnr navy mon; tho shlps were
all loaded and long out of dock and
the crews were not especlally selected.
Another slgnlflcant fact ls that the
shlps are now ready for any kind or
serviee, notwlthstanding thc sevcre
The Nebraskn appears to hold the
speed record at 10.11; the Vlrglnla sec?
ond, wlth 18.05-1, and the Georgla third,
with 19.003 knota per hour. Tho Vcr
mont made tho lowest record, wlth
Wltnensefl Ailmll That the '-ncR.nlieli-i.
Cievoland, O., March 9.?That a com?
bination with Guggenbcim Interest
was considcrcd hy thc thlrty-tliree
clalmants to Aiaska coal lands was
admitted to-day beforo Unlted States
Commlssioner Wllliam J. McGee, by
W. II. Warner, one of tho entrar.ts.
Mr. Warner declared that at a meet?
ing of tho clalmants at fjpokanc, ln
1007, to whlch hc sent a proxy, there
had been a dlscu.slon as to thc ad
visablllty of a combination with tho
Guggenhelms, but that he had under
stood that tlie matter was dropped.
The evldencc was glven at the
opening of an inquiry here Into the
claims of four of tho orlginal thirty
three clalmants to patents to Aiaska
Mr. Warner and Hugh B. Wick. of
Vounpstown. another claimant, both
testilled that they had known person
aliy most of the thirty-three who bad
fllcd claims and that it had been un
derstood that they would opcratc on a
The inquiry will be re.umcd to-mor?
row and probably concluded.
If He Is Cnpturcd Tbcrc Wlll Be An?
other Ly nrhlni..
Columbus. Ga., March 0.?Armcd
posse., wlth thc aid or trained blood
hounds, this afternoon followed the
trail 6l Eove Ilandall, a negro mur
dcrer. for firtocn rnllos across Stewart
county in the dlrcction of CoJumbus,
with "the certatnty or a lynching if
j the negro was caught. To-night hun
dreds are still searching: for Randall
a few mlles below Columbus.
Kotlowing: a diapute yesterday wlth
Roland-S.. Kyle. assistant. overseer of
the plaritation on which Randall ls
employed, Bandali and his wlfe at
tacked Kyle, who was stabbed by the
woman. Early this morning Randall
stabbed R. A. Stratrord, tbe overseer,
as the lattcr was enterlng the plan
tation cornmissary. Stratrord drew hls
plstol, but the negro managed to galjt
possession of it and shot Stratford'to
death. Randall's wlfe, with a baby in
lier arms and two small children by
her slde, crossed the rlver to-day to
thc Alabama sidc. There ha. been no
attempt to harm the woman.
Plend Guilty to Chnrge and TUro.
TheinaelveB ou Mercy of Court.
Council Bluffs. Ia., March 0.?Plead
Ing guilty to a charge of conspiracy
to defraud in connection with tlie wlde
epread swindllng operatlons, charged
against John C. Mubray and eighty
other derendants ln the Unlted States
District Court to-day, Bcrt R. Shores,
Win S. Harris and Frank N. Marsh
threw themselves on the mercy of the
court. Sentence was defcrred. Earlj
ln the day these three men had been
arraigned with thlrteen other de
fendants, who plcaded not guilty.
Marsh declared that be would not
turn government wltness. but it is be?
lleved that Harris and.Shores wlll dc
Marsh is a wrcstling promoter ol
Seattle. Shores also llves in^Seattle
whlle Harris gives Spokane as hls
home. Marsh and Harris were chargei
witli having inducod .1. C. Kavanaugh
now llving ln Kuscogee, Okla., to be
$.1,000 on a "fake" wrestling matcli
Kavanaugh formerly lived in Daven
BULLITT LANDS IN CELL
Phllnilc lphln Rcfornier Arrested oi
Order of th. Mayor.
Philadelphia, Pa., March 9.?Logai
M. Bullitt, son of the author of Phlla
delphla's charter. tlie Bullitt bill, am
lilmself prominent ln clvil reforn
movements, was arreste? to-night b;
order of Mayor Reyburn and loeke.
ln a ceil in the City Hall when he on
deavored to serve tho Mayor wlth >
subpoena in an equity suit brought b:
a committee ot citizons against th
Later In the evening Bullitt wns re
leased on an order signed by Magls
FRITCH IS SENTENCED
Phyalctun Muat Do Tlme for Kflltaj
Detroit, Mlch., March 9.?Dr. Georg
XV.' Fritch was sentenced to-day t
sorve from seven and one-half to fif
teen yoars in the State ponitontiar
at Jackson, for manslaughter In caus
Ing, last August, by means of an un
lawful onoratlpn, the doatli of May
belle Mlllman, of Ann ArbOr. .Tuclg
.Tamos Phelnn, ln maklng the usue
recommendatlon under tho indeter
mlnate sontonce law, recommended thn
Frltoh serve fifteen years.
Fritch was convlct ed last Thursda;
aftor a sonsatlonal trlul lastlng tnoj.
than throe weeks.
PASSES OVER VET0
Tobacco roiilint. Blll Beeoroea i,ait d<
aplte Gbveruor'a Opptmltion.
Frankfort, Ky., March 0.?Tho sc
called tohaceo poollng bill, whloh Go-,
crnor Wlllson votoed yesterday, wa
passod last night over tho voto by bot
tho llou.o nnd the Senate. Tho Hous
vote was 77 to 11 and tho S-onato .11
0. Tbe. poollng blll provldes for th
reoordlng of namos of "persons poolln
tobacco or othor farm producls, an
provldes a penalty for any person pu
chaslng or seoking t-o pui;cha?eX\
crop of any individual who has pool<
_l.l-_*t -crop., _. ,.. [<
TIE VOTE IN HOUSE
Another Attempt Made|
to Take Up State-Wide
BYRD OIL BILL
Effort Will Be Made to Pass It
To-Day ? Governor's Bill
Passes House ? Senate
Agrees as to Tax Commis
sion ? Governor Asks
Prohibition lost a good slzed plecc of
ground last nlght In the Houso ot
Delegates, when another effort waa
mado by the patron of thc enabllng
blll, Dr. Myers, to tak,c it up out of ita
order. The motion, which would re?
quire a two-thlrds vote, was lost by
a vntc ot 42 to 42.
Open disgust was volced. Mr. Wil?
liams. of Glles, who ls opposod to thc
blll, wanted to take the bull by th?
horns as the Senate had done, and con
slder tho blll and klll lt- He, with
t<bout three other members who are ln
opposition, voted to take lt up for thal
purpose. Kxplalnlng his %-oto after
the roll call. Judge Williams said that
thero was an evldent effort to ernbar
rass every member on thc floor.
Mr. Johnston. ot Montgomery. who
favors the blll. volced thc disgust h'
felt Ho sald hc saw no use in taking
it up again. Hc had already gone od
record to take thc matter up. and hc
protcsted agalnst further efforts in
that direction. He decllned to vote on
tho motlon. Several members who on
Tuesday voted to conslder thc measure
recorded themselves agalnst lt, and
had lt not been for the efforts of
Judge Williams and others for actmn
there would have been a most deel
Elvo majority agalnst the bill.
In vlgorous opposition to taking lt
up Mr Page characterlzed the rcferen?
dum as the most dangerous propositlon
to put up to a free people.
Dr Mvers was asked lf hc would
make another attempt. Hc smiUngly
vald that such an occasion mlght arlso
The wish was ardcntly oxpressed by
opponents of tho blll that he wlll do
so. since lt ls falr to say that more
votes wlll be lost next time.
AU kinds of the most important leg
lslatlon was acted upon yesterday.
Thp nlght .sesslon of the House was
further en'llvened by the defeat of tnr
Byrd oil blll. It resulted In a vote ol
49 ayes and 31 noes. A total of .-.1
votes was necessary, and the majority
secured a vote to pass by until to
day. Enough votes to secure its pas?
sage to-day ls prcdlcted. but tho op?
position ls stlll most hopeful.
A. vlgorous debate preccded the \ot<
on the blll. lastlng from 1 o'clock ir
the afternoon until 3 at nlght. Th<
Standard Oil Company's attltude to
ward the measure received no Uttu
Moucv for Scliool? and Itoads.
\dding* to the sensatlons or thi
nlght meetlng. Mr. McRae offered s
resolutlon cxpresslng thc sense of thi
House that the appropriatlons for prl
mary schools and good roads shoult
not be reduced. He understood tha
each of these matters had been re
duced ln funds by $125,000. Hc deslret
to servo notice on the Flnance Com
mtttee that the House would not stan?
for it. The Speaker ruled that he wa
out of order. and he said be wouh
call It up thls morrtlng.
As to roads, Mr. Grlgsby secured th
passage of a bill allowlng- countle
which recelve less than $2,300 of Stat
aid to expend sthe money as they se
nt in permanent road improvement. 1
was contended in opposition that thi
would be a death blow to the forwar
movement for good roads ln thls Stati
Besldes acting on tbe income ta
amendment at the nlght sesslon, th
Sonate agreed to the House amend
ments to the Insurance tax blll an
to the tax commlsslon blll. The prc
vlslons of the latter dld not find favo
but lt was feared that lf sent bac
to the House no commlsslon bf an
sort could be secured, so the Scnatot
swallowed tho blll.
In earnest protest agalnst the dangt
of an adjournment without any sbi
of tax equllizatlon blll which woul
affect thls year's assessments, Govornc
Mann sent a special message to tl:
General Assembly. Ho strongly urgc
the Leglslature to get together an
agree upon some sort of measure whlc
would result ln a more uniform asses:
ment of real estate. Its Importanc
he sald, could hardly be overestlmate'
The assessment of thls year woul
stand for flve years, and a fallure t
get rellef would halt tho Statc's pr<
gross. It is stated that an effort wl
bo made'to agree upon a blll and gi
lt- "through by, unanlmous consont.
The Governor's blll, alias the gun
shoe blll, passed the House hy a dec
slve majority. It was again fought b
Mr. Tallaferro, who stlll thought h
committoo had not beon troated falrl;
and that it was not rlght to pass th
blll until the members had had
chanco to read it. He did not thln
tho farmors wanted lt. But Mr. 1 ag
leadlng the flght, secured Its onad
ment. lt is sald thero will bo no troi
ble about Its passage In tho Senato.
ln dlscusslng tho Governor ? specii
messago ln tho Senato, Senator Flctcl
er volced the regret of tho uppt
branch. Other mombors wero cxtreiw
lv sorry thnt tho Houso had takon tl
vlow it did, becauso of tho Immoni
amount of labor and thought glven
lt It soems that tho Senato appn
priatlon blll had beon basod upon tl
lncreased rovenue expoctod ln 1911 i
a result ortrre provlslons of thls bl
and lt was stated that tho money
go to certaln Instltutlons will ha'
to bo materlally reducodt .unless sor
sort of measure ulmed at tho doalr
result could bo passed.
Not tho loast interestlng ot the pr
coedlngs was a -tatemoht of pcrsor
prlvtlege mado by Mr, Page ln regn
to the Richmond, Frederlcksburg a
Potomac matter. He entered a m<
solemu protest agalnst the -action
''-sJ. XQoJUlattpji pn Tl\ird..Eflj-?.). ,^
MORE SHIPS FOR ENGLAND
Navy Ksilninle provld... for Incrcn.c
? ot r?7,mr>,iroo.
London, Marcli 9.?Tho navy estb
matoa tor 1010, whlch wero lssued hy
the admlralty to-nlght, provlde ror an
expendlture ot $.03,018,600, an in?
crease of $27,805,000 over 190.. The
Increase is almost wholly tnkcn up by
building and armamcnts authorlr.ed by
Parliament beforo dissolutlon. Thc
new program providca for (ivc largo
armorcd shlp.., flve proteoted crulscrs,
twenty dcstroyers and a considorable
number of submarlnes.
By Aprll 1 thero will be under con?
structlon seven battlcshlps, three ar
mored, nlne protected and' two ttn
armored orulseru. thlrty-seven de
-troycra and nlne submarlnes.
Tbe cstlmates furthcr provlde for
an Increaso of 3,000 men in the per
sonncl of tlie navy and the romple
tlon during 1911 of two floatlng docks
to accommodato tho largest battlc?
shlps. Thoso will be ntationed at
Porisniouth and Medway.
Rcglnalfi McKenna, flrst lord of thc
admlralty, ln an explnnatory state?
ment, nnnounces tho formatton of a
new naval mobllizatlon department
and a permanent navy war council,
consisting of tlie flrst sca lord as
president; tho dlrectora of thc naval
lntelllgencc and na.val mobllizatlon de
partments and other ofllclals to deal
wlth all mattcrs relating to prepara
tlon for war.
The govcrnment's program for coo
struction is larger tlian ever put for
ward herore, and it may be assumed
that tho flve amored shlps wlll all be
of tlie Dreadnought type.
"DAD" IS 0BDURATE
Look* J.lkr- Youbk Knox AVouId Hnvc
to -Work for III. Wlfe.
Provldence, R. I., March 9.?Stand
ing hesldc the pretty brlde that his
fatiier,. Secretary of State Knox*, haa
refused to receive, Phllander C. Knox,
Jr.. to-nlght admitted that as a ro
rult or his elopement with Miss May
Boller, his famlly had cut him off,
leaving him dependent upon a legacy
and what he can earn hlmself.
"Yes, D.ad told mo yesterday In
Washlngton that he i-oulcl glve me no
moro money. but would let mo shift
for myseir," sald tbe youthful husband
to-night. "However, I' have enough
Incomo of my own to keep us untll I
get a Job. ? My grandfathcr on my
mothers slde left mo enough to glve
ie an Incomo of about $100 a month."
The attltudo assumed hy the Knox
Tamily ln refuslng to receive tbe brlde
was the subject of severe strlcture-s
Mrs. Daniel Gllman, the young woman's
mother. "If necessary, I shall go to
Washlngton with Frincipal FTench. and
my daughter and her husband. to see
Secretary Knox about this matter,"
"BAD FAITH" 0F TAFT
Baltimore Man Charges President -rritb
Washlngton, D. C. March 9,?Thomas
J. Wentworth, secretary ??t tr.e Business
Men's Assbcia.-on . '-f Ba!-im>_re, to
day. flled wlth President Taft serlous
charges against WllViam F. Stone, re?
cently renomlnated to be collector of
the port at Baltimore, and at tbe _am
time charglng the President with
breach of falth ln 6ending in the nom?
lnation. It is charged that the Presi?
dent assured the association that he
would glvo it a full hearlng before he
acted upon the nomlnation. and be
went so far as to make an appointment
for such a hearlng'before him Satur
dav, March 12.
It ls charged ln general that Collec?
tor Stone has "arbltrarily and despot
lcaliy" bullt up a politlcal machlne; ha;
flagrantly and repeatedly violated clvi:
servlce laws and rules: has "lntlml
dated and coerced" customs oftlcers
keeplng them ln fear and In subserv
lence, and tbat ho is the headof a cer
j taln speclfled club of Baltimore whlcl
, ls alleged to bo "one of the greates
gambling places in thc clty."
? ? _ ?
T0 REFORM HOUSE 0F LORD
Roaebery Hns llc_olutloii_ Ready t<
London. March 9.?"When Lord Kose
bery, on Monday, launches hls plan fo
the reformatlon of tlie House of Lord:
he wlll present a set of three resolu
tions embodying in general terms th<
course whlch the peers proposo to fol
low ln modernlzlng themselves. A
Lord Rosebery has been in consulta
tion with a majority of the member
of the uppcr liouse, there ls llttlo qties
tion that the resolutlons reproscnt th
general views of tho lords on the sub
ject of reorganlzatlon.
The - llrst resolution will aftlrin tn
necessity for a strong and elflcien
second chamber for the well-being o
the siate. Tlie second will set fort
that such a chamber wlll be best ob
talnable by tho reform and reconsti
tutlon of tho House or Lords. Th
thlrd will cleclaro that a necessar
prellminary to such reform and recon
stitution is the acceptance of the prln
ciple that the possesston of a peerag
lu itself should no longer afford th
right lo sit and vote ln tho Housc c
WILL DOUBLE TRACK ROAD
Work ot linprovement on Southcr
Bet.vceu WoHblnKton, and Atlantn.
Atlanta, Ga., March 9.?Increase
actlvlty in tho work of Improvlng an
doublo-tracklng the main line of tli
Southern Railway, between Washing
ton and Atlanta, la presaged ln the ar
nouncemont made by that company tc
day of tlie closing or a contract fc
approxlmately $1,000,000 worth of sto.
Thc work of doublo-tracklng wlll t
bogun wlthin the next few days, an
tliirty-tlvo milCg o? track will bo lai
each month untll the work on ? th
main llno ls completed.
DR. KL0PSCH BURIED
President Taft Send. McM.-iigc ot Con
dolenee t? Wldow.
Now York, March 9.?1>'uncrnl scrvlec
for Dr. Louis Klopsch, cditor ot' th
Christlan Hernld, phllanthroplst an
tulsslon workor, took place to-day 1
the Motropolltan Tomplo, and amon
tlie flornl offerings was a tliroe-i'ot
wreath of whlto hyaclnths and stnlla
from President and Mrs. Taft. -
tho wldow President Taft sent this le
ter of condolenco:
"I was grcatly shocked to noto I
tho newspapers of yesterday tliut yot
good husband passed awuy undor tl
effects of tho oporatlon. I havo ru
known hlm long, but l have known hl
long' enough to know of tho good I
hlis done, tho eharity that lio haa ei
couraged and thn gratitudo thai hc
enlitled to t'rom tho poor and'oppresso
l sincorcly hopo that tho momorv
all theso Ihingh will _u_tain you
, ,?" , ? '.i.?
Washlngton, D. C, March 9.?-Barn
Gillesplo wa* oonflrmed by tho Setia
to-day aa Unlted States attorney i
ifeft.^Yi9 - ._.P?-*0lsU-lPl- .<-* y^rslftla, '..
HAD. ITSELF UP
Death to Competitors
Means Life to Stand?
Department of Justice Files
Sweeping Indictment of Octo
pus Nurtured by Rockefeller.
Brief Is Result of Years
of Governmental Inves?
tigatlon of Oil.
Washington, D. C, March --.?"Eltli
er the Sherman act should bo ro
pealcd or lt shoula be cnforced ln .
manner to make tho people respect lt:
AVith thls dcclaratlon of its guldlnj
prlnciple. thc Department of Justici
to-day tlled wlth tho Supreme Cour
of the United States a 1.000-page brlc
ln support of Its petitlon that "Stand?
ard Oil" be dlssolvcd as ln violatlor
of the Sherman antl-trust law. Thi
brief will bc the foundatlon of thc
government's oral argument' at the
hearlng of the case by the Supreme
Court next Mondaj-. *t bears tho
names of Attorney-Gencral AVIcker
sham and of Prank B. Kellogg.
Churlos P. Morrison anc| Cordenle A.
Scvcrance. as special assistants.
One of th-i two thick volume.s of the
brief ls devoted to an analysis of tes?
tlmony taken in tho Clrcult Court of
the United States for thc Lastern Dis?
trict of Missourl, which decreed that
"Standard 011" bo dissolved. It rcp
rcsenls years of governmental investi?
gatlon of thc oil business.
Tho government dcclares that tnu
shows tho rebatcs aro dlscrlmatory
rcceived hy thc Standard OU Com
panv, not only cUirtnjg its formatlve
pcrl'od but during tho last ten years
??whereby the standard. was nnabled tc
bring a large part of the concorm
mto thc combination and to crush out
and ellmlnate from thc field of com
petltion the princlpal part of thc bal?
Its Allcged System.
Tt Is clalmed by the government tha
it shows a system of lowerlng tm
prlces, where competitors ar0 doim
business. below thc cost of thc pro
duct. whlle keeplng up or ralslng tn<
prices in other part* of the countrj
until the competltor is elther ellmlnat
cd or his business brought wlthin i
compass.go that thc- . Standard _ Ol
Company can control lt; of obtatnln;
socret information as to competltlv
business. largely through brlblng rall
way employes, and uslng that secre
Information to procure counternmnj
ing of orders of. Independonts and t
facllltatii thelr system of prtco-cuttln
and oppresslon: of the use of so-calle
bogus independent companles, whos
operations are predatory and oppres
slve, principally used to drlvo-^ on
competitors. and varlous other means.
'?AVe do not wlsh to be understom
as discouraging cntcrprlses." says th.
sovernment. "or as taking apoBltloi
agalnst legltlmate compctltton. but 1
the Sherman act means anything it
this country it means a monopoly ac
culred bv such methods of compctl
Iu this. Unless it ls enforced th.
small corporatlon or Indlvidual wht
wXs to engage ln business wlll havt
absolutelv no opportunlty at all.
"In many distrlcts thc Standard Ol
Companv has an absolutc monopoly
AVe mean by absoluto monopoly tha
in those distrlcts lt does all ot th.
bu<=liness, and has cHminated even
competltor. Practlcally -thls ls th.
case throughout the Rocky Mountali
country and most of the Paclflc coas
Statos. Thc percentago of lndepend
ent business throughout thc entlr
Southern States is very small."
It is urged that tf the lntent ls clca
to monopolizo any part of the com
merce of the United States, the schem
is vold ln whatever form the actto:
"Thc oft-repeated argument tha
this constructlon of the law prevent
tlio formation of partnerships and th
legltlmate consolidatlon of buslnes
enterprlses," says the government, "1
fallacious, for the reason that suc
.constructlon has no appllcatlon wher
an cntorprlso is formed wlth tho hon
est and legltlmate lntent to pursu
a lawful business and not go beyon
the bounds of legltlmate comblnatlo
or dlroctlv or substantlally suppres
competitlo'n. But whenevor that at
qulsition is a mere cloak to covcr th
lntention of monopoltzlng commerc
or for tho purpose of uslng lt as
weapon to strike down compotltlon.
is lllegal. It follows from thls tht
tho acqulsltlon of the same properl
mlght under some clrcumstances .
legal, whlle under othor clrcumstanct
it woultl be lllegal."
The brief replies to tho argument .
the Standard 011 Company counsel thi
tho corporattons which entered ln
the orgnnlzation in ISfla were not
that timo compcttng wlth each othot
"If they woro not competlng
says thc government, "It was bocau
of nn unlawful combination tn t'
form of tho trust, or durlng tho liqt
dation pcrlotl, becauso of tho conspl
acy of tho Indlvidual stockholders. V
havo sald thls trust was vold. Co
taiuly tho conspiracy betweon tl
stockholders of theso subsldiary co
porations was dlrectly inhibltod by tl
PUPILS JOIN MAN HUNT
Thrcalen Summnry Justice lo A'egi
XXho Attnckcd Clasamato.
Kansua Clty, Mo., March 0.?Dete
mlnod to avengo un attompted assau
on Miss Cora Dnwns, Hevonteen yoa
old by a negro, fifty High Soho
classmates of tho Kansas Clty gl
lolned a shorlft'.s posse In search
the fugltlve. ."ho puplls declare tu.
wlll deal suminurily wlth tho nogro
he is t'iiught. Mlss' Downs is a gran
daughter or Mrs__Cora M. Stockton,
Ktinsas author, ?'/'-.,
Miss Downs was returnlng hoi
from suhool through a rallroad c
when nttacked. Her screarns frlghten
tho nogro away, bofore ho had hann
COST WAS LESS IN CHINA
FlBiire.. on I-.tppime of FVeillnsr. Navy
In Vnrlonn Pnrls of Ihe World.
Washlngton, D. C? March 9.?lt rosts
less to reed tho navy on thc Chinese
coa. t than nt any other portlon or the
globe, accordlng to flgures transmltted
to tlie Houso lovlay by Secretary Moy
er. rfln report was ln responso to a
resolution cnlllna- for tho prices palu
ror foodstuiTH by vessels of tbe navy
at home and in forelgn pprts during
1909, Fresh beef wns between -1 anjl 5
cents a pound at ("hefoo. and rnti as
hlgh a? 15 at Glbraltar, whlle at home
II. rnnged from ti cents ut Key Weat
to 10 I'cnts at Pcnsacola, 8'.. cents at
New York, over 7 cents at Boston,
Washlngton and Han Francisco, f? *.b
cents at Newport, H. T.J 8 to 10 cents
at Japan, 9 cents In Constantinople,
and from 12 to 11 cents in Panama.
Corned beef, ranglng in thls coun?
try from 4 cents a pound at Norfolk lo
15 cents at Key West, ran from 1?
r.nts at Han Juan, Porto Rlco, to ls
cents at Glbraltar. Veal waa from 7
to 11 cents ot Pensacola nnd from 4 to
19 cents abrond. Chlcken was 14 to
LT, cents at homo and 8 to 27 abroad.
Cannod bacon was from . to 19 at
liome and 11 to 44 abroad. Smoked
barn was from 12 to 16 at homo and
from 13 to 45 abroad. Eggs cost only
rrom 5 to 7 cents a dozen at Chinese
ports, btit In the Unlted States were
lowest at Washington at 22 cents, and
hlghest at Charleston, 8. C.?34 cents?
wlth Port LIma at 55 cents, the hlgh?
Bread ranged at home from 3 to al?
most 5, and abroad from a llttle under
2 almost to 10. Potatoes ran-from 1
to .", cents a po'und at homo and 1 to,
5 cents a pound abroad. 'Ice, runnlng
from 13 to 50 ccnUs per hundred at
home. ranged from 25 ' to 96 cents
? ? ?? ?
NEGROES BOOSTING GARRETT
, Bookcr Wn__ilnjrloii Puts ln tvords for
Newport Xtw? Cnndldnte.
Washlngton. D. C. March 9.?-Thc only
Virginia contost of special l.itorest
here now Is lor collector of customa
of the port of Newport News. Messrs.
Garrett. Locke; Reld nnd Stuart aro
ln the race. It is sald nt the Capltol
that a number of negroes are vcry
much lnterested in the candldacy of
Mr. Garrett. Boofcer T. Washlngton,
It Is reported. has put in a word at
tho Whlte House ror hlm. Several
negro preachers havo been to Wash?
ington ln hls behalf.
The action of ffio Vlrglnia Legisla
turo on tbe incomo tax proposltlon has
caused ronsiderablo adverso comment
among the Democrats. lt camo as a
surprise to tho Virginia dolegatlon.
In talklnj, of it thls morning, llopre
sentativc Lamb sald, smilingly: "Why,
VirBinla has turned down aomctlr-ng
that thc Democrats of tlie natlon havt.
been after ever slnce 1892. Every
platform slnce* that date has contalned
an Income provislon."
Others are dolng some hard thlnking,
but will not talk for publloatlqn. Tne
trutb dr the matter ls. tne Democrats
in Congress feet llko the boy tho calf
ran over. Speaker Byrd la credttea
wlth tbe defeat of tho measure.
Thc end of tho Parsoms-Saunders
election eontest ls some tlmo oflj. It.
i3 belleved that four weeks wlll not
glve the result. H. .?_ C. B.
T0 SOUTH'S WOMEN
Monaraent to Tliclr Purity nud riueb
Ity Cnvellcd la Georgju.
-Rome, Ga.. March Q.?The flrst.mon
'?amer-t-ln the Unlted States ln honor o
tho women of the Contedera-y ws
unveiled hero this afternoon. tbe prln
cipal address being deltvered by S. i
Cunningham, odltor of tho Confedcr.
tan Vetran, of Nashvillo. Tenn. Goi
Clement A. Evans. commander-In-chi<
or tho Unlted Conrcderato Voteran
who was to have made the address, I
III and could not attend.
The shaft of Georgla marblo ls thh
ty feet hlgh, decorated with tw
groups of flgures at the base, reprc
sontlng "News From the Front.*' an
"The Mlnisterlng Angel." The inscrlp
tions praising the purity and fldellt
of the Southern women. appcaring o
tlie other slde, were written by Presi
dent Wodrow Wilson,. oC Princetoi
University, formerly a rcsldent o
Rome, and tho Rev, G. A. Nunnall.
former president of Mercor Unlver
GR0CER IS GRILLED
lle 1? Asked lo Teli Heunte Coiuiulttci
Why Prlcea Are HIgh.
Washlngton, Ti. C, Marcli 9.?Thc
Senate cost of llving commlttee. con
tlnulns its investlgation to-day, exauv
Inod fedward F. Hall, who oondifcti
a local grocery nnd meat market. li
rcsponse to questions, chielly by hen
ators Smoot and Crawtord, he sald tlu
blKKest jump In meat prices ho hat
ever known was In the past two years
but he gave no oomparatlve ugures.
'ln conductlng hls business Mr. Hal
sald he flgured on a gross prollt of li
Per cent.. but was satlslled with a ne
proflt of 6 per cont. This caused Sen
ator Smoot to lnqulro:
"Then how is lt you have accumu
lated $35,000 In firtoon years?
Tho rei.lv of Mr. Hall was regardet
by the comnilttec as somewliat evaslvc
but the polnt was not pressed. con
tlnulng hls testlmony, Mr. Hall said h<
had to do twlco as much business ant
chargo moro than ho dld ton yeara ag.
to mako tbe same amount of money.
Tha committeo adjoumed to meet oi
call of the chalrman.
SENATOR DANIEL IMPR0VES
Haa SllKht Stroks of rnrnlysl_, I?_
Daytona. Fln.. March 9.?-Unite
States Senator John W. Daniel. (
Vlrglnia, received a slight stroke i
paralysls hero last night. Hls eond
tion ls sald to be Improved to-nlgh
)f The Senator is at a local hospital ar
it the attendlng physicians say ho wl
Hcport of Ulness lucorreet.
Lynchburg. Va.. March 9.-Tt ls sta
ed at tho homo hero of -.oiiator Jol
W> Danlel to-night. that reports to tl
eff'oot ti-at the Sonator was paralyze
at Daytona, Fla., last night aro U
corroct A tolegram received to-da
from Frcd Harper, the Sonator s sor
|,i-law and law partner. who Is wlt
,lm in Florlda. contalned tbe in oi
matlon that Sonator Daniel is rapldl
recoverlng hla former good health an
that no furthcr fcars for hlm need t
felt._ . /
VIRGINIA MAN KILLED \
\l Vlfrcil D. MlUeer Meet. llcnlb l? Aul
. Aceldciit at Onry, Hul.
Gtiry, Ind., March 9.?Alfrcd D. Mi!
toor, socrotarv of a .realty company <
this city, was killed; .lolin t.eisc
whoso l.omois at WUnvot, Mlun.. w.
sorlouslv injured. and two other rne
woro silghily hut't in an automobl
acoldent horc to-day. Dr. H. E..(3eUc
a son of John Clel-ol, and Ora Mc-Jiet
;,. chauffeur, wero tbe two who V>
celved mlnor Injurles.
MUteor ls survlved by. a .wlfo ar
olght ohtldren. . Ho moved horo fro
. whaloyvllle, ,\ra.. about two yeara ns
Iffl! IS FkCING
Entire Country May Be
Involved by> Phila
FOR ITS SPREAD
American Federation o? La'feot
Asked to Make Walk-Out Na
tional in Scope?Cause of
Transit Company Em?
ployes Grows in
New Castle, Pa, March D.?Tho ninth,
annual convention of tho Stato Fed-'
oratlon of Labor. In sesslon her* t?
day. unrtnlmously passed a resolutlon
nsklnfr that in the evcnt of an nrbl-,
tratlon of the Phlladelphla strlko ques?
tlon falllng tho Amerlcan Fcderatlon,
of Labor call a natlon-wlde strike of
organlzed and unorganlzert workmen.
It was feared that tho meetlng wottltt
bo too proclpltatcd ln nctlon, and. la
oponly charged tliat the convention
was stampedcd by W. D. Mahon, presl?
dent of thc Atniilgamatod Assoclatlon
of Streot and Elcctrlc Railways Em?
Mr. Mahon came hero wlth a tleloga
tlon from Phlladelphla, and after ex
plalnlng strlko condltlons ln that clty
assured the convention that the strik?
ers could wln If they had the support
of the union men of the State. Hn
aroused the dclegates, to a high pltch
of enthusiasm, and when tho resolu?
tlon that had been proparod by tho
committee of ton was presented It wa.i
Presltlent E. E. Grcenwalt, of tho
fcderatlon. appointed a committee of
nlnc to confer wlth tho Phlladelphla
committee as to when the strlko shall
be lnaugurated In other clties., Tho
committeo of nlne held ,1 moetlnpr to
nlght and formulated a report which
wlll he presented-to the convention to
morrow. Nono of lta provlslons wero
Dclegates who are avorse to a spread
of tha strike object on tho grounds
that the present ls a poor tlme to cn
gage In an lndustrlal war to such an
extent. and lt ls regarded as unccrtaln
that all organlzed labor wlll heed the
call for a general strlke.
Strike la Grovrins. '
Phlladelphla, Pa., March" 9.?Pvomlse
of help from without and development
of strencth in its own Held -whleh' ap
pearea to take even lta moro confldenfr
* leaders t>v surprise, injected new'llfc
into the Phlladelphla general sympa
thetlc strlke movement to-day. A la
bor campaign which' yesterday gav
every slgn of wanlng force. recelVist
its strongest Impetus to-day from thc
action of tho State Federation of La?
hor convention in Newcastle In de
13 claring that a State-wide and cvon
natlon-wlde tle-up of industry would
not bo too great a price to pay lf nec?
essary to Insure succesa to the l?cal
cause. AVded to this camo the reve
latlon that the union labor movemeni
Jn sympathy wlth the strlking em?
ployes of the Phlladelphla Raplt
Translt Company was strong cnougl
to lnvado what was supposed to be t
secure cltadel of tho opposlng force
and open up an admlttedly wld'
The success of the strlko leaders U
Induclng: somethlng over 1,000 om
ployes of tho Baldwin Locomotty
Works to walle out thls afternoon fol
towlng the early mornlng desertlon o
Dosslbly as many more, was the mos
strlking development of tho day In th
Tho strlko leaders, seemlngly cont
dent that they haj won thelr mo:
important vlctory. announced to-nlgl
that not only many hundreds of m<
, from othor plants had jolned the rani
j of the strikers,- but they prophesli
that the noxt day or two woulel wl
ness even niore important accesslof
1 to thelr ranks.
' i Stlll Heftiscs Arbltratlon. .
. To the threat of a couritry-wij
strlko it tho locai tractlon heads cj
not af-ree to arbltratlon wlth tlul
men, the ofllclals of thc Phlladelph]
1 Bapld Translt Company, announcll
that lf the wldespread strlko deperl
ed on Its yloldlng to the arbltratl|
I demand, the strlko woulci havo
Possible troublo was indlcated
.tho announcement of the strlke
committee that lt would hold an 0|l
alr mass moeting in the ,.Katlo|
League baseball park to-morrow hcj
The police authorltles deelared tf
ltl the meetlng would not be permitf
but followlng thls declaratlon,
mon reltoratad thelr intentlon of hc
"t ing it as scheduled. Kesults of 1
J Indlcated clash are awatted wlth sd
llttle trepldatlon. I
The day was without dlsturbail
'?'" of conseqtience and up to a late ll
n to-nlght tho only outbreak had f
a tnlnor dlsturbanco or two ln
ICensington shop district. No one
reported lnjured. .
* The streot car company sllghtlyl
i~ crcasod tho number of- cars in serf
An important acquisition to J
ranks ot' the strikers was annouj
?d to-night from Cumden. N. X, wl
'"' 1,500 carpenters wont out. Aboutl
ir same numbor quit work at subul
l*l polnts along- tho Pennsylvanla II
lv road main line, und tho mon dooll
that it' necessary -.500 nioro carpetl
would be called out in Montgoil
county. adjacent to PhUadelf
The committeo of ton declarotl
night that ir. proposed to disrtl
Director Clay's prohibition ot thef
posod meotlng ln the baseball
and Avould hold lt to-morrow aa
1- Strlko Loaders Pratt, Murphy. M
>f antl others aro scheduled to spoakl
1, annoiincetnent was couplod wtttl
glvlng out. of a lottor which .1.1
.. wood 'Duly. counsul for. the- strl
lo had sent to Directov Cluy. Ih ll
il, uttornoy deelared that thore wir
e, law that oould bo invokatl to \
such a meotlng on private. inj
property, such as the ballball I
>d and that to prevent Us belngl
m would bo to Interfero wlth th? J
oJUoan rL-lit under tho- ConaUVutll