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Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, January 04, 1907, Image 2

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FOLK SUGGESTS
MANY NEW LAWS
MISSOURI'S EXECUTIVE IS FOR
REFORM
Bende Message to Leglelature Rivaling
In Length and Variety of Subjects
Treated a Preeidentlal
Manifesto
By Associated Press.
JKFFRRSON CITY. Mn., Tnn. ».- Tt c
fory-fourth hlonnlnl sppslon of thp
legislature wns organized by the llemn
crntlc majority todny. J. M. Atkinson
of Rlpley county wns ateCttd pprnkrr
of the house nnd Senator Mctlnvld of
Greene county was elected president of
the spnntr
Oov. Folk In his message to the legis
lature recommended n number of
changes relating to life Insurance com
panies, among others a standard pol
icy for nil life companies, prohibiting
discrimination and rebating, regulat
ing the election of directors and requir
ing non-resident companies to keep nt
leastl7Ot 1 70 per cent of the premiums re
ceived from Missouri policyholders In
vested within the state.
Hp nlso recommended the enactment
of a law making It a crime for anyone
for compensation to lobby with the
members of the legislature.
The railroads, he said, should be re
quired to curry passengers within the
stnte for 2 cents a mile. There should
he a state primary law for the nomina
tion of nil elective offices. Including
ITnited1 T nited States senators. Rlectlons by
the people, he snid, has long been de
manded, but It cannot be obtained until
the federal constitution Is amended.
Public opinion will Ultimately forcp
this reform, but in the meantime the
next best thing can be secured by hav
ing senatorial credits voted for at n
state primary.
He recommended a law making it a
felony to register a .bet upon n horse
race, either on a blackboard or any
other substance, or to telephone a bet
on a horse race to any other state or to
telegraph or use any device to accom
plish the registration of bets.
Would Suppress Bucket Shops
He also recommended legislation to
suppress bucket shops, rigid child labor
lawß, prohibiting a concern or corpora
tion from Felling higher in one part of
the state than another, adding prison
punishment for violation of anti-trust
laws, nnd making the penalty for the
violation of the maximum freight law
apply to persons, corporations and part
nerships, also a statute providing
proper penalties for railroad corpora
tions or the directors, employes or the
agents of nny railroad giving rebates on
shipments wethin the state.
Every corporation, he said, should bo
required to furnish each stockholder
with a balance sheet of its business
once a year. There should be an an
nual tax in the nature of a privilege
tax of 1.15 of one per cent on the capi
tal stock of all corporations, both do
mestic and foreign, doing business in
the state.
The state should regulate the charge?
of public service corporations, both
domestic nnd foreign, doing business
in the state.
To determine the unreasonableness of
rates there should he a power to inquire
into and determine the actual amount
invested in such corporations and to
fix rates on a reasonable basis. The
result of this should be to eliminate fic
titious values.
It was the province of the general as
sembly, he said, to prevent one corpora
tion from owning stock in another, and
authorizing quo warranto proceedings
to be filed to dissolve any corporation,
a majority of the stock in which is ac
quired by a holding company. This was
necessary, he urged, to prevent the
creation of monopolies in trnde and
business in the state.
He recommended the amendment of
the anti-bribery law so that witnesses
would be forced to testify, hut reliev
ing them from prosecution by reason
of their testimony.
The governor invited consideration of
the propriety and advisability of the
adoption of a resolution making appli
cation to congress to call a convention
for proposing amendments to ti"- fed
eral constitution, particularly with ref
erence to election of United States
senators by a direct vote of the peo
ple, the establishment of the principles
of Initiative and referendum and for a
Just income tax.
MINISTERS SPEAK
IN LIGHTER VEIN
Y. M. C. A. Conference Maintains its
Attractiveness Through Spirit of
Fun Pervading Meeting and
Work of Leaders
By Associated Tress
PACIFIC GROVE, Cal., Jan. 3.— The
students' conference of the Y. M. C. A.
maintains its attractiveness by the- cun-
Stant circulation of leaders.
Today Messrs. Haer and Belle left and
Dr. Clampit of San Francisco and Dr.
Gardner of Stanford succeeded them.
At the Missionary Institute tins morn
ing L>r Baer nave o humorous account
of his late trip to PortO RiCO, where- lie
loiuiii hotels Inhabited by more guests
that had nut reglsl red than any other
hotels iii tin- voriii, one especially nox
ious breed of vermin being the hook
worm, the scourge of the island, anemia
resulting from its ravages. Jt under*
mines the constitution of a large frac
tion of the natives. f*ueh advances
have been made in its education in spite
of all obstacles that ] Jr. Haer considers
them fully competent for self-govern
ment.
H« aasertt-d that the Protestant
preaching stations hart more people at
tending than ill the Roman Catholic
churches combined.
Dr. Swemer. also In harmonious vein,
insisted that college* missionary meet
ings should adopt the method noted on
the menu of the Lehigh railroad diners,
everything should be a carte, In liberal
variety, brst the market affords, care
fully selected, skillfully prepared and
invitingly rved.
At the morning platform meeting Dr.
Clampit, after passing high eulogy on
the late Dr. Habeock In an eloquent ap
peal, begged his hearers to follow such
noble examples as those of .Martin
Luther, John Wesley arid Bavonola In
voting half an hour of the early morn
lng tO prayer.
Th<- afternoon was occupied In a tally
ho drive around Cypress point and the
evening to round-tabl« Ulacuaaioos
under many ic-iders.
HOTELS IN CHICAGO
MUST HAVE LICENSES
By Associated Press.
CHICAGO, Jan. S.— The 'Chicago
city council passed the ordinance for
licensing and rpgulfttlnf hotels last
night, although tin> corporation coun-
API's office has Issued opinions in which
Mir. validity of such a law has been
held doubtful.
Only four negative votes were east.
Originally the measure was Intended
for the regulation of such hotels as
were closed by police raids several
months ago In imp loop district,, but
aldermen supporting the measure told
the council thnt there was necessity
for such regulation In the case of the
better class hotels.
"Even hotel* out In Hyde Park that
sprinkle the la,vn with perfume every
morning and scrub the floors with face
powder enn stand a little looking after,"
snld Alderman Scully. >■
This vlpw of the matter prevailed
and the aldermen defeated amend
ments Intended to restrict the opera*
tlon of the ordinance.
TERRORIST KILLS
POLICE PREFECT
Assassination Is Accomplished with an
Ease That Frightens Russian Offl.
claldom — Slayer Turns Pistol
on Himself After Deed
Ry Assorlntod Prpsn.
ST. PBTBRSBURO, Jnn. 3.— The po
lice have not yet succeeded In Identi
fying the terrorist who killed Major
General Yon der Launltz. prefect of
police of St. Petersburg, at the insti
tute of experimental medicine this
afternoon and who coolly turned his
revolver on himself while he was fall
ing under the sabers of the prefect's
escort.
The authorship of this crime, how
ever, like the recent assassination of
Count Ignatieff and the unsuccessful
attempt to blow up Premier Stolypin
with a bomb, has been traced to the
fighting organization of the social
revolutionists who recently resolved to
resume full terroristic activities.
The organization tonight issued the
customary pamphlet avowing and jus
tifying the killing of General Yon der
Launitz, -which was accomplished with
an ease and simplicity that has struck
terror into the hearts of all other of
ficials on the revolutionary death list.
The man who committed the crime
was about 22 years old and apparently
belonged to the Intelligent working
class,
The police affirm that he was a Jew.
He was provided with a card of admis
sion to the dedication of the church,
but this card bore no name. The
authorities have not been able to learn
how lie obtained this invitation to the
ceremonies, which were extremely se
lect, uiily 150 cards having: been issued.
Prince Peter Alexandrovitch, duke
•«f ( H lenburg, is a patron of the insti
tute. Among the guests present were
his wife, Grand Duchess Olga, youngest
sister of Emperor Nicholas; Princess
Eugenia Amillanova and a number of
other persons prominent at court.
Evidently Had a Spy
The fact that General Yon der Lau
nitz was to attend the consecration of
the church was not generally known
and the terrorists must have learned
of this fact from sources within the po
lice department.
The prefect was accompanied by his
usual bodyguard of secret service men,
but not o!t-> of these had the slightest
suspicion of the murderer, although his
toil-stained hands were completely in
contrast to his faultless evening
clothes which persons attending recep
tions in Russia must don.
The fall of Gen. Launitz was followed
by a scene of Indescribable confusion.
The duke of Oldenburg, one of the few
men who retained their composure,
seized the assassin's hand after he had
Bred twice and several succeeding shots
were discharged into the ceiling. But
before the duke could disarm him one
of the officers who accompanied the
prefect drew his saber and struck tho
assassin a powerful blow which com
pletely cut nut a portion of his skull.
As th man was falling he shot him
self in tho stomach with the last bul
let In his revolver. His death was in
stantaneous, but several officers con
tinued to hack h!s prostrate body un
til the duke of Oldenburg struck up
their swords and forced them to de
sist.
In addition to two arrests mnde with
in the church the doors of which were
closed after the shooting, several other
persons were taken into custody in a
neighboring instrument factory, which
Is believed to have served as headquar
ters for the terrorists.
It was while General Yon dcr Laun
itz was governor of Tambov that there
occurred tho terrible repression of the
agrarian disorders in Tambov province,
and It was retribution for these that
Marlel SplridonOVO shot Chief of Po
lice Luzhnoffskl, one of the subordi
nates of General Yon der Launitz.
WANT HALF MILLION TO
EMPLOY SPECIAL AGENTS
By Associated Press.
WASHINGTON, Jan. 3.— A1l estimate
from the department of the Interior
asking lor an additional half million
dollars to be used in hiring special
agents to prevent land frauds wan
sent to congress today. The original
estimate for the pay of special agents
was 1260,000.
FRANCE'S PRESIDENT SIGNS
CHURCH SEPARATION LAW
By Associated Press,
PARIS, Jan. 3.— The new law, known
as the Brian law, amending the church
and state separation law of 1905, was
signed by the president and promul
gated today.
East Suffers from Rain
By Associated I J resn.
HUT SPRINGS, Ark., Jan. 3.— The
weather cleared this afternoon ufter a
continuous run uf thirty-six houri and
railroad traffic will lie resumed tomor
row. Tii' lo in i \s as I
Reorganizes Catholic Seminary
I
NANCY, Prance, Jan. :i. Abbe j.-
roma has reorganised the Catholic
seminary here according to the church
and state separation law. th
nary will lie reopen*4 next week.
"Emperor" Makes Tour
iy Aaaoelati d Pi tsa
I'AKIS, .l.i m :: Th.- Journal says
that i "lines Lebaudy, the self-styled
emperor of Btthara, is making v tour
of the United Statea.
LOS ANOELES HERALD. FRIDAY MORNTNO. JANUARY 4. 1907.
TILLMAN DODGES
HIS INCOME TAX
PITCHFORK SENATOR IN HOT
WATER AT HOME
Washington Laughs at the Preeld. Hfl
Kitten Joke— Officiate Believe Con.
greee Will Tike Up Federal
Licensing of Corporations
Sp»'-I«l lr> Tho HrrnM.
WASHINGTON, Jnn. 3.— Senator
Tlllinan In again In hot wntor In his
home Btatc. The pitchfork senator, It
ls clnltned by his political enemies nt
home, hog been dodging the Income
tax Imposed by his state government.
ltI It seems that they point- to his popu
larity throughout the country as 11
lecturer as proof positive that he has
a much larger Income than the doughty
fire-eater will admit.
Somo months ago, It will be remem
bered, a newspaper parographer made
an estimate of the amounts pulled
down by various public men from the
C hautßuqua lecture course each year.
Senator Tlllman was credited with the.
fat sum of $25,000.
As to this "Charge." however, the
Booth Carolinian has branded his crit
ics us "liars and scoundrels." Ho de«
(hues that his lectures do not net him
anything like this amount, although lie
cln,s not pi. in- any tlKUre on his in
come from this source. He declares
that his enemies are raising the ques
tion for Ihe sole purpose of •'Knßßing"
liini, Just as the negroes of Chicago
recently tried to do.
President Probes Car Shortage
Considerable speculation Is rife
among official circles here In Wash
ington as to the probable action which
will follow the report of the interstate
commerce commission regarding the
car shortage question.
Just before he left for Pine Knot,
the president had a long conference
with Chairman Knapp and Commis
sioner Harlan of the commission, ami
while the nature of this conference
has not been divulged, it is believed
that President Roosevelt was probinsr
the question as deeply as he might
with a view to bringing to the atten
tion of congress at this session the
need for some legislation which will
prevent the recurrence of anything like
the present congested traffic conditions
throughout the entire country.
As yet congress has not dealt with
the matter of the physical operation of
the railroads except as regards the ap
plication of safety apliances, but it is
understood that the interstate com
merce commission is making an ex
haustive study of the matter with a
view to making recommendations for
some such legislation. While it is im
possible to safely predict what action
finally will be taken In this matter, It
is felt certain that the movement to I
boom waterways development will t# j
helped materially.
Friends of this movement point to
the enormous strides of the commerces
of the United States as contrasted
with the snail-like advance in the con
struction of railroads, and contend that
the only possible relief from a con
tinuance of the terrible congestion of
the traffic is to be found in a compre
hensive r.nd continued Improvement of
the rivers and harbors of the coun
try.
The recent convention here of the
National Rivera and Harbors congress,
representing as It does commercial or
ganizations in almost every state in
the Union, sufficiently Impressed con
gress with the imperative necessity of
Immediate and generous treatment of
the nation's waterways, to insure the
commencement of this much-needed
improvement work on a large scale.
But they will have to gain the active
support of the people at large if in
terest in this question is to be kept
up and proper and generous treat
ment is insured from future con
gresses.
Kittens Get Appropriate Names
Washington likes a good joke. So
does every other city and town for
that matter. But Washington just at
this time thinks it has the best joke
of the season and consequently almost
everywhere you will find groups of of
ficials and clerks chuckling over the
latest.
For, be it known that Samantha, the
venerable and revered seven-toed
White House cat, on Christmas day
ushered twin kittens into the world,
much to the delight of the youngest of
the president's children, who looked
upon their advent as a Christinas gift.
Nothing would do but that their fa
ther, to whom they Immediately took
the little creatures, should give them
appropriat i names. He at first tried to
shift this responsibility to the chil
dren, but finally gave in to their in
sistence.
With one of his inscrutable grins, ho
declared that the male kitten should
be known as "Bellamy"- and its sister
an "Maria." The little felines are
thriving and give every evidence of
living lo ripe old age, despite their
names.
May Legislate on Corporations
Washington officials, especially those
In the bureau of corporations, pie
sided over by Commissioner Gui-field,
are wondering whether congress will
attempt at this session any legislation
looking toward the federal licensing or
corporation! as suggested by President
Roosevelt in his annual message and
later dwelt upon in detail by Mr. Gar
field in the annual report of the ope
ration! of hiH bureau. A good many
things seem to indicate that it win.
Considerable surprise was caused
when Senator KansbrOUgh Introduced
ills', resolution calling for an Investiga
tion of tin- harvester "trust," espe
cially In view of the fact that this
combination, above all others, always
has been regarded as one whoso ex
istence was a good thing for the coun
try.
The rumor that other and similar
resolutions would be Introduced after
the recast in connection with other
corporations added to this surprise.
However, It would seem that these In
vestigations will result in calming the
popular and unthinking attacks on all
forms of corporate wealth and in
checking the tendency of the Amer
ican people toward social anarchy.
This, it will be remembered, was the
tear expressed between the llneg of the
president b annual message, and thin it
was that called forth the strong word
oi caution from the presidential pen
against the tendency toward too drastic
and widely divergent laws enacted by
the various states and all ai i ai
the cure of business evils, but In them
lelvas so drastic and Impracticable as
to threaten, the commercial structure
of i lie nation.
Official Washington Takes Rest
Huntiiiß and hunting parti,
to lie all I lie fad at this lime here h L
Washington. Following the president's
lead, greal numbers of government of-
HciulK have Hllppcil uwuy from tluli
desks for a Week end In thf mount* Ins
of Virginia, that state being tho near*
<"««t with anything like virgin forest*.
Tho««T ho«« whose duties have prevented
their absenting themselves at thin Mm«
read the , telegraphic report* of th«
hunting excursions of the various par
ties with avidity and curse the luck
that keeps them here.
With the/ majority of the hunters.
President Itooaevelfs favorite sport
■eema to have taken firm hold. Nearly
all are after a brace or no of wild
turkey to show when they get back
to town, but they are keen after the
fat ounii and pheasants which abound
ln the Virginia hill*.
The hunting lodges owned or rented
by various enthusiasts are crowded
with Ruestn, while others have put up
at various farm house, or lit the Inns
and hotels scattered over the state.
The Virginia hot springs, I resort
much affected by official Washington
of late, In In the heart of the wildest
portion of the state, and consequently
the big Homestead hotel there Is the
hpadqunrters for not a few nlmrods.
While the president was at Pine Knot
he also kept open house for his friend <.
but owing Jo tho lnrge pnrty -which he
■ took with him the lodge was too
crowded to, permit at his entertaining
any outsiders over one day.
lt looks as though the fad will
keep up throughout the hunting sea
son, but If they nil have as bad luck
(is the president It Is not likely that
there will he a dearth of game next
your. Meanwhile the Virginia authori
ties are finding no fault with this
lnfest crate, for every addition to the
force of hunters means the Issue, of
another hunting license.
Shaw Jokes with Pittsburgers
Still another Joko which has tickled
the risibilities of W.ishlngtonlnns Is
the nni' perpttratetd by Secretary
■haw the other dny on a delegation
of IMttsburgers, who were here In nn
effort to Influence his department In
the location of the new postofflce
building which congress authorised for
the Smoky city it t the last session.
Some wicks iiko Secretary Shnw de
cided upon a sl{e for the now building
but his 'decision created such n storm
of disapproval from advocates of other
locations thnt he decided to reopen the
ense. He spent one entire dny, from
10:30 a. m. to 4:35 p, m., listening to
tho arguments of the three or four dlf
ferents factions represented by some
fifty delegates, and when they thought
that one faction had won they were
surprised to h.-we him say:
"Well, gentlemen, come nround
agnln tomorrow morning at 7:30."
They one and all stood aghast and
questioned him as to the reason for
such a request.
"Well," he snld, "you haven't given
me a chance to have my say today,
so I will have to put It off till tomor
row, but be sure to come round early
ns I don't want the Interview to break
Into my regular working day, which
begins at 9 o'clock."
Most of them showed up between
7:30 and 8 o'clock the next morning,
though It was rumored that several
had to sit at poker all night in order
to be awake at that unearthly hour.
The house adjourned after a session
of fifteen minutes. Immediately after
the approval of the journal the creden
tials of W. F. Englebrlght of the First
California district, to fill a vacancy
caused by the resignation of James
Norris Gillett, and of Charles G. Wash
burn of the Third Massachusetts dis
trict, vice Rockwood Hoar, deceased,
were read and these two gentlemen
took the usual oath.
No quorum being present and no
committees being ready to report, ad
journment wns taken until tomorrow.
NEGROES' COUNSEL
SCORES ROOSEVELT
Dismissal by President of Brownsville
Troops "Without Honor" Is De
dared Beyond His Preroga
tive as Commander
By Associated Press.
NEW YORK, Jan. 3.— Colonel Alex
ander S. Bacon of counsel for the
Afro-American council in the case of
the dismissal by President Roosevelt
of the battalion of negro troops for
the Brownsville, Tex., affair, made
public his opinion yesterday. His re
port will be sent to Senator Foraker
and members of the senate and house
committees on military affairs.
After reviewing the evidence pre
sented in the president's message,
Colonel Bacon declares that the negro
soldiers' discharge "without honor" was
illegal and would not be upheld by the
courts if brought before them under a
writ of eertlorai'i.
Colonel Bacon contends that the idea
prevalent that the president, as com
mander in chief of the army, can in
flict punishment within his discretion
is a mistaken one, because under the
English and American constitutions no
person (except minors, prisoners, etc.)
can be punished In time of peace ex
cept by the judgment of a court.
The president's dismissal of the ne
gro soldiers, he says, was intended to
be a punishment and was a punish
ment.
The president, he avers, may arbi
trarily dismiss any enlisted 'man if he
dislikes the color of that man's hair,
but the president has no right to libel
him by saying that his dismissal ll
"without honor." Nor can ho inflict
the added punishment of debarring
such a dismissed enlisted man from
civil employment under the govern
ment.
Colonel Bacon argues that the fun
damental cause of the Brownsville af
fair was a commercial one. The beat
people of BrOnWSVllle, he says, had
predetermined not to have negro
troops stationed at Fort lirown. he
cause white soldiers spent their money
with white merchants, whereas negro
soldiers spent their money with Mex
icans and other negroes with whom the
whiles had little to do.
Coll 1 Bacon says that he will not
invoke the aid of tile courts ill the
matter until ail other means fail.
PROMINENT LAWYER TO
DEFEND ACCUSED MINERS
By Associated Press.
DENVER, Jan. 3.— Clarence S. Dar
rOW, a Chicago attorney. Is at the Sa
voy hotel. lUh visit to Denver Is in
connection with the defense of Moyer
and Haywood, the officers of the West
i mi Federation of Miners, charged with
tlie murder of ex-Qovernor steunenberg
of Idaho anil now In prison at Bolae.
•I came to Denver to make an in
veSttgatlOl into certain phases of the
cease,"c case," said Mi. Harrow, "and will
probably bo in Denver for a week,
when I expect to go to Holse. We
don't know just when the cases against
our clients will be tried. A new Judge
goes upon the bench next week and
the cases will be set by him. We hope
for and will insist upon an early
trial."
Everything you want you will find In
the classified page. One cent word.
COURT SUSTAINS
ANTI-REBATE LAW
Standard OH't Demurrer to Indict.
menta for Violating the Elklns Law
Overruled In Opinion Review.
Ing Legal Polnte Involved
By Associated Press.
! CHICAGO, Jan. Judge Landl* In
the United States district court tod.iy
overruled the" demurrer of the Stand
ard Oil company to eight Indictment*
pending against that corporation, but
sustained the demurrer as to two other
lndictments because of technical de
fects.
"These prosecutions," the court said,
"arp for nllpgpd Violations of section
1 of the net approved Kcluuary 19, HlO.l,
known ns thp Rlklns law. The chnrge
is that the defendant obtnlnPil IM
transportation of Its property by vari
ous rallwny companies' at rated less
than thosp mimed In the curriers' pub
lished schedules."
The court rulpd nsnlnst thp defend
ant's contention thnt the Elklns law
was ptiacted really to prohibit thp em
ployment of indirect methods to obtain
preferential rates, it being the de
defendant's contention thHt it was not
a violation of the law If a railway
company, dealing directly with UN
shipper, gave that shipper n cut rate.
The court also ruled against the de
fendant's claim that the provision of
the Elklns law requiring shippers lo
adhere lo a published rate was void, as
being against the provision of '.he In
terstate commerce law which required
carriers lo transport property for a
reasonable rate. The court held that
carriers and shippers wore both re
quired to adhere to the published rate
until such rate was publicly changed in
the manner provided by law.
Rules Indictmnets Are Not Bad
The court further ruled ngalnst the
dpfendant's contention that the in
dictments were bnd because the Inter
state commerce law did not require
railway companies to publish rates be
tween points beyond the carriers' own
line of road, holding that If a carrier,
having made an arrangement with
connecting lines for the transportation
of property beyond Its own line, should
thereupon publish rates for the trans
portation of property between such
points, the carrier must therefore bo
held as to the shipping public to hnve
facilities for the transportation of
property to such points beyond Its own
line and that the requirement of the
law applied to such a case with tho
same force that It applied to a point
on the carrier's own lino.
The court ruled against the defend
ant's contention that the provision of
the interstate commerce law requiring
carriers to publish terminal charges
was not operative upon conslgneVg,
holding that In respect to such terminal
charges, inasmuch as the consignor
would have but little if any Interest in
the question, the law plainly was In
tended to be binding on consignees.
"The terminal charges in question
consisted of large amounts of storage
charges that had accrued on petroleum
consigned to the Standard Oil company
at Chicago and which the Indictment
charges the Lake Shore & Michigan
Southern Railroad company canceled
and released to the Standard Oil com
pany, thus giving the Standard Oil
company a rebate in respect of tha
transportation of the petroleum.
"It is contended in behalf of the
United States," said the court, "that
the act of June 29, 1906, did not go into
effect until after these indictments wer
returned. It Is urged that the post
ponement was effected by the adoption
of the joint resolution by congress, ap
proved June 30, 1906. That resolution
provides that the rate law 'shall take
effect and be In force sixty days after
its approval by the president of the
United States.'
Purpose of Resolution Plain
"Of course, the purpose of this reso
lution is obvious. But it was wholly
ineffective until approved by the presi
dent. This occurred on June 30. And,
by its own terms, the act became ef
fective on its approval by the president
but one day before. Plainly, there
fore, on June 30, the resolution wan
powerless to postpone that which had
already occurred on June 29.
"While possibly on June 30 the reso
lution might operate to suspend the act
for a period of time (and as to this I
express no opinion), the questions
presented by the demurrers to these in
dictments are to be determined as if
a postponement or suspension of the
act hail not been attempted."
After observing that the Kllins law
was repealed by the rate law and that,
unless there was a statute keeping
alive for future prosecution offenses
which had been committed ngainst the
Elkins law prior to its repeal, the
court quoted section 13 of the revised
statutes of the United States enacted
in 1871:
"The repeal of any statute shall not
have the effect to release or extinguish
any penalty, forfeiture or liability in
curred under such statutes, unless the
repealing act shall so expressly provide,
and for the purpose of sustaining any
proper action or prosecution for en
forcement of such penalty, forfeiture or
liability."
'This law," said the court, "has been
attacked here as an unwarranted at
tempt by the congress that enacted it
to curtail the authority of succeeding
congresses by limiting in advance the.
effect to be given to their enactments.
"Now, under our constitution, each
congress is the equal, in point of power,
Of any predecessor or successor. There
fore no congress has authority to draw
in ih- boundaries of the legislative do
main to the embarrassment of any
other congress. But as 1 read section
U this 1b not attempted.
"It Is rather the substitution of a new
rule to be observed by the courts in the
construction of statutes thereafter to
be enacted. It seema to me that such
new rule Is no more an Impairment of
the legislative power of succeeding con
gressei than was previously existing
common law rule an impairment of the
power of preceding congresses.
"That congresß had the constitutional
power to make the change is plain.
That any succeeding congress may ab
rogate the new rule and restore the old
rule Is equally plain. That until such
old rule Is restored each succeeding
congress intends that the courts shall
be guided by the new rule In giving
effect to other enactments, seems to me
beyond question."
"It Ih the duty of the court," said
Judge I^andls, "to enforce the will of
congress as expressed In the writtW
enactment, in the ascertainment of
that will I am not at liberty to Ignore
the ultimate object of the law. That
object was tin establishment of unl
fosfn railroad rates, reasonable in
amount. The former law had failed to
accomplish i his ami was, therefore,
ylreugtheiied.
"Instead of being wipvd off the books
as having served Its purpose, additional
and severe llaliililles were created and
more drastic remedlea ami penalties
authorised. Wot the offense with which
ihe defendant stands charged, the pre
ceding UlkhiH law prescribed punish*
inent only by line. The view enter
AMUSEMENTS
MOROSCO'S BURBANK THEATER fi^h^nTMMn".
■ ' , ItH 1 170.
ANOTHBn OVriRFUHVINO HOUfIR ' T,AST NIOHT-JUBT WATCH
THK CROWDS TONIGHT. ' .WATCH
THE JUDGE AND THE
JURY
Herat*— "Judge and the Jury wins. Packed houses."
The llmM — best yet." v«ow».
Ktnmlnrr "A very r>icp||ont show."
1rr,.r,1 Tls a bit '
Overflowing houses. Many curtain calls." .
News— "Really mngnineent spectacle.*
ftncoitn nKrnnn-sMAs-HiNo «i:i;k nnnmn minday MATiwtam iY_ .
■nonouiv vkhsow or hmh>o\ mai.i'4 follows? i " at "*"'m. Jan. •
ORPHEUM THEATER Spring at. bet. Id and 14
Both Phones 1447.
cTWodern Vaudeville
John H.Tfl»i« A Leila Mrlntrrc, Clnuile A Fnnnr VnUrr. Knlhrrln* K.».i wii-
pmnr. Matinees dally except Monday. Rvenlngs. 100, 2»of to" and ?sg.* C ° m * i
GJRAND OPERA HOUSE M«in St.. bet lilt and 2d.
• ■■ ■ ■ Phones: Main 1967; Home ABUT,
The Family Theater ] \
BUSTER BROWN
BUSTER TIGE FUN GIRLS MUSIC
Mntlnpos Sunday. Tuesday, Snturdny. ' Popular t»rin.«
THE AUDITORIUM SKA. _ m. hrrtiy. Manager
— Fifth and Olive Sts
"Theater 11-niiilful" THE STANDARD OP EXCELLENCE.
TONIGHT, TOMOIIHOW II I 'IM* AND 13VISNIIV»,
• The Ferris Stock Company and Miss Florence Stone
In a Beautiful Graustark
production LxraustarK
SoS, tß totlnV"i l oeatSl llo"!l lo" ! Mn ' n 8186 ' 23 " 7 ' Kvpnln * prlcM 10 ?-25c; •«« and
I¥**t «>fk-"THH lIOI.V <ITV." (',,,,, p.uilnn play to BEN HUR.
MASON OPERA HOUSE "~ it c. wyatt.
TOIUOHT-OJrLY MKTiiRnKWTiin i.AnvniNTii." d Mann * 8r -
First appearance In Los Angeles of the distinguished artist
OLGA NETHERSOLE
MATINKR TOMORROW. "SAIMIO." TOMORROW NIGHT, "SAPHO »
Senta now on calo. Prices 50c. 75c. tI.OQ, $l.r>o. t2.QQ. ' HO '
MASON OPERA HOUSE h. c. wyatt.
— — ■ — — Lessee and Manager.
Entire Week of Monday, Jan. 7 and Saturday Matinee .
£=«• ISABEL Susan In Search
l,leb!er & Co., TnTrTTkTn 1A " - — -—• -•
Managers. IRVING of a Husband c"
SEAT SALE NOW. ON AT BOX OFFICE. Prices: 60c. 750, 11.00, 11.50. ,3_gj
BELASCO THEATER brlasco. mater & co Props
Phones: Main 3380, Home' A 3910.
Matinee tomorrow. The Bclasco company great big success,
RIP VAN WINKLE
Next Week, "si I our; ACRES," with George Barnum and all Belasco favorites.
PACIFIC ATHLETIC CLUB PAVILION
JACK' "TWIN" TWENTY-ROUND IIOXIIVG CONTEST
JACK "TWIN" SULLIVAN vs. JIM FLYNN
OEOBGE BHOWN o Vj. A n B >D THE | KID WEBSTER v.. JOE SM ,TH, «
B. cSAUraS iU^K'SStrftrfnVlin 16 -!^^ 8 a a t le V-4 A B -
CHUTES PARK . Leh.gh Investment Co
T A 7~'iri"' 11 ' -, ■ Adu»U«lon 10 cent*. . "- .
Los Angeles County Fair Opens New : Year's Day* ri
Free vaudeville Afternoon and evening. Free rides on chutes mint»R,« , .■
I^* LKS HALL 231 South Spring St. I
J— TODAY AND SATUDRAY, RETURN ENGAGEMENT *
L. B. Hicks of Bakersfield
for' 17 ' days 6 every afternoon an * evening on his experiences while burled allvo
lOr 1( (in > 51. • . ... ... ,■ ■ ,
A SCOT PARK
Races! Races! Races!
The Fourth Season '
Six Good Races Every Week Day
Stakes Every Saturday '
The beat class of horses that ever visited the coast. A high-class sport foi
high-elan people. ' Admission 11.00. . First race at 1:48.
•■^ ____ _______
A Great Masquerade Ball
zAt Long Beach
# Under the auspices of the Royal Italian band. "
Under the auspices of the Royal Italian band.
2000 couples can dance at once on the
vast Auditorium floor.
It will be made a brilliant event.
The Pacific Electric Railway Company
tamed by the present congress respect
ing thlH offense flndH expression In the
provision authorizing the additional
penalty of Imprisonment In the peniten
tiary. And the court Is asked to hold
that this same congress deliberately in
tended to p..rdon all unlndlctcd prior
offenders, whose conduct It was, more
than all other causes combined, that
moved congress to enact the rigid and
far-reaching measure of June US).
"My opinion is lhat, whereas at com
mon law the repeal of a statute extin
guished all penalties for offenses
against its provisions against the ab
sence of tin expense-saving clause,
under section 13, the repeal of a statute
extinguishes no such penalties in the
absence of any express extinguishing
clauses which the law dueb not contain;
that so-called saving clause in section
10 was Inserted for the sole purpose of
differentially prescribing the rule of
procedure that should control the prose
cution of causes then pending in various
stages In the courts, thus avoiding the
confusion and controversy which, as
experience hae shown, must otherwise
have resulted."
The court overruled the demurrer to
eight of the Indictments and sustained
It as to two on technical grounds.
Noted Archaeologist Dies
By A«*oclateil I'roaa.
VIENNA, Jan. 3.— Professor ; Minn
doff, the arehaelojrUt, la dead. H« Was
noted for his discoveries of antiqui
ties In li'phesus.
Judge Ernest H. Croabv Dlea
Hy Associated Press.
NEW YORK, Jan. 3.— Ernest H.
Crosby died at Baltimore today, aged
50 years. He was judge of the court
of first Instance at Alexandria, Egypt,
in 1889, Mini was president of the New
Ye rk Ami- imperialist league for five
years. He was the author of "Cap
tain Jinks," "Nero" and other books.
Will Stop Gambling In Cuba
By Associated Press.
HAVANA, Jan. 3.— Governor Nunea
says he will take stepß to end gam
bling, which has become very flagrant
here. Havana is wide open, accord
ing to Nunez and the town of Bejucal
he indicates as a Monte Carlo.
Noted Colonel Dies
By Associated Press,
LONDON. Jan. B.— Colonel Henry
Douglas Hay Currle died today. He
served in the Crimean war and was
colonel of the Thirty-third ' Infantry
during the Civil War in the United
States.
Will Sail to Join Husband
By Associated Press. , <■ .. ;
■ SAN FRANCISCO, • Jan.- X— Mrs.
Henry K. Highton, ; wife of the 'well
known'attorney who Is seriously, ill 'at
Honolulu, will leave hero by steamer
on Saturda.' to join her husband. " ■

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