Los Angeles herald. [microfilm reel], February 04, 1908, Image 1

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

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£he News
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PORTUGUESE COMPEL PREMIER FRANCO TO RESIGN FROM CABINET
SHERMAN LAW
USED AGAINST
LABOR UNIONS
THIRD DECISION AGAINST
WORKING MEN
BOYCOTT DECLARED RESTRAINT
OF COMMERCE
Hat Manufacturers' Claim for Heavy
Damage Is Upheld by United
States Supreme
Court
By /.Fsnclated Press.
WASHINGTON, Feb. 3.—That sec
tion 7 or the antitrust act, awarding to
the complainant three times the
amount of damage sustained by a
rombir.ition ir restraint of interstate
trade, can be invoked to prevent a
boycott by organized labor was held
today In a decision by the suprere
court of the United States In the case
of Loeve & Co., hat manufacturers of
Dnnbury, Conn., against Martin Law
lor anc 1 200 other members of the
United Hatters' union of that city.
The decision of the court was an
nounceJ by Chief Justice Fuller, and
reversed the holding of the United
states Circuit court of appeals for the
(second circuit
The oyniun of the court was unani
mous.
The HUit was instituted by Loewe &
Co. In the United States circuit court
\i, I'onnectloul. The company, alleging
damage by a boycott against their
futory to the extent of $80,000. asked
for a judgment for 5240,000 in accord
ance with tht terms of the Sherman
iCt.
Not cr.ly the members of the hat-
Ur.s' union, but the American Federa
tion of Labor, of which the union is a
•lubordtnatc organization, was includ
ed In *c bill. In the complaint It was
alleged that the labor organization had
undertaken to compel the manufactur
ers to unionize their factory, and It
was asserted thnt when (hey failed In
this pff.it the union hatters withdrew
and Induced other employes to do so.
This acts as a boycott against Lowe's
ruts wherever they were found, and as
•.he firm conti oiled an extensive trade
throughout the country the boycott
ixtended to mi ny states, which, In the
language of the bill, constituted a com- i
Unatlon to limit and restrain lnter
ftate commerce.
The unions advertised their boycott
aeainst the firm in labor organizations
<li different parts of the country, and
in consequence the firm claimed that
■'ts business fell off outside the state.
Actions were brought at different
places, notably at San Francisco.
Against Organized Labor
For the third time within a month
the supreme court of the United States
promulgated an opinion construing laws
adversely to the contention of organ
ized labor.
The first of the decisions was ren
dered January 6 In the case of some
railroad employes who sought to secure
damages under what Is known as the
employers' liability law, making rail
roads responsible for injuries resulting
from the negligence of fellow servants,
■which law the court held to be uncon
stitutional.
The second important finding in this
line was announced on the 23d inst..
when the Erdman arbitration act, for
bidding the discharge of employes be
cause they are members of a labor
union, was also declared to be invalid.
The verdict rendered today was In
the case of Loewe vs Lawlor, the lat
ter n member of the Hatters' union and
the former a hat manufacturer of Dan-
bury, Conn.
Fuller's Opinion
After quoting many precedents and
reciting the complaint in the case,
Chief Justice Fuller continued:
"The averments here are that there
■was an existing interstate traffic be
tween plaintiff and citizens of other
states and that for the direct purpose of
destroying Interstate traffic defendants
combined, not merely to prevent plain
tiff from manufacturing articles then
and there intended for transportation
beyond the state, but also to prevent
the vendees from reselling the hats
which they had imported from Connec
ticut to the various places of destina
tion.
"80 that although some of the means
•whereby the interstate traffic was to
be destroyed were acts within a state,
and some of them were in themselves a
part of their obvious purpose und
effect beyond the scope of a federal
authority, still, as we have seen, the
acts must be considered as a whole,
and the plan is open to condemnation,
notwithstanding a neglible amount of
interstate business might be affected In
carying it out. ,
"If the purposes of the combinations
were, as alleged, to prevent any inter
state transportation at all the fact that
the means operated at one end before
physical transportation commenced at
tho other end after the physical trans
portation commenced at the other end
after the physical transportation endfid
was immaterial. Nor can the act in
question be held inapplicable because
the defendants were not themselves en
gaged in interstate commerce. The act
made no distinction between classes.
It provided that 'every' contract, com
bination, conspiracy in restraint of
trade was illegal. The records of con
gress show that several efforts were
made to exempt by legislation organ
izations t>t farmers and laborers from
the operation of the act and that all
these efforts failed, so that the act re
mained as we have It before us."
Daniel David of Bridgeport, Conn,
associated with James M. Beck of New
York city as counsel for the plaintiffs
jn the case of Loewe vs. Lawlor, today
made the following statement regarding
the situation:
Applies to Workmen
"The United States supreme court to
day by its decision in the case of
Loewe vs. Lawlor declared Illegal and
criminal under the Sherman anti-trust
ai' all combinations of worklngmen
boycotting the Interstate business of
manufacturers who sell their goods in
other states other than that bf manu
facture.
"So long as the American Federation
■of Labor and other labor unions resort
to the boycott as a weapon of attack
upon the Interstate business of manu-
(Continued «a p«c« two)
LOS ANGELES HERALD
PLOT AGAINST RULER
OF MONTENEGRO IS
REVEALED BY ARREST
Postal Authorities Take Into Custody
Man Accused of Opening An.
other's Mail and Learn
of Conspiracy
Py Associated Press.
EL PASO, Feb. 3.—ln the arrest of
Mtlo Gjonovlch, a native of Monte
negro, at Globe, Ariz., the postal
authorities believe they have discovered
a plot against the reigning head of
Montenegro, Prince Nicholas.
Gjonovlch was arrested for taking
from the malls a letter addressed to
Bojo Pocek, another Montenegran, and
Us defense Is that he was working ir.
the interest of his government. Sev
eral relatives of Pocek have been ar
rested In their natives home In Monte
negro lately and It Is believed that
Gjonovich is responsible.
Complaint has been sworn out against
Gjonovlch before United States Com
missioner Martin of Globe for misap
propriation of the malls. GJonovich has
been working at Globe as a miner, but
is well educated.
STEAMER BURNS;
FIFTEEN PERISH
Vessel Destroyed by Fire During a
Blizzard Along the Coast of Nova
Scotia —Thirty-seven
Men Rescued
Bs- Associated Press.
HALIFAX. N. S., Feb. 3.—ln the
midst of a wild bllazard this afternoon
the steamer St. Cuthbert was burned
to the v uter « edge off the Nova Sco
llan coast. Fifteen members of the
rew were drowned by the swamping
of a small boat in which they attempt
ed to leave the vessel after the fire had
broken out. The other thirty-seven
members of the crew, Including the
(aptain. were rescued by the White
Star liner Cyi.iric.
After taking off the survivors the
Cymric abandoned the burning steam
er this afternoon and proceeded to
Poston.
News of the destruction of the St.
Cuthbert was received here tonight in
a wlrelsss message from Captain Finch
of the Cymric. The message read:
"The stoamci St. Outhbert was aban
doned afire Mcnday afternoon off the
Nova "Sootlan roast. The Cymric stood
>,y for nlr.-i hours during a strong
g-ale. h-avy was and snow squall.
Lifeboat, In ct.arge of chief officer,
making three perilous trips, rescued
ti.irty-st—en lr.fetnbers of the crew, in
cluding the captain. Several members
of the rrew were severely burned and
injured. Flftten of the crew were
drowned Sunday attempting to leave
the vessel. Tkjpir boat was swamped
ty a hfavy sea."
Schooner of the Rocks
By Associated Press .
HONOLULU, Feb. —The steam
schooner Despatch, which struck on a
reef just outside this harbor yesterday,
succeeded In getting off without as
sistance. She sustained no serious
damage. . , , «
Summary of the News
T~~ FORECAST
For Los Angeles and vicinity:
Cloudy Tuesday, possibly light
showers in the morning; light
north wind. Maximum temperature
yesterday, 59 degrees; minimum,
49 degrees. •
LOCAL
Mexican editors arrested by govern
ment authorities. •"■ ■
"Man haters" form society and will
teach sex how to handle lovers. , 1
Neat appearing swindler succeeds in
defrauding more than 2000 women. -
Clarence Darrow greatly improved.
Fire bonds defeated at Ocean Park
election. ■ ■••■_■.
Aged Long Beach twins to celebrate
76th birthday.
. County school superintendent finds
law has been violated by Whittler prin
cipal. : '. ■ .
New coroner holds first inquest. Jury
visits Macy street bridge.
Unemployed jeweler commits- suicide.
COAST
San Francisco judge decides against
Calhoun and his associates in matter
of taking testimony of superintendent
of the mint.
Milkman goes to wrong door in San
Francisco, is mistaken for burglar and
is shot and killed by porter. i ■
Witness in land fraud case in Oregon
gives testimony favorable to Hall, who
is now on trial.
EASTERN
President Roosevelt's recent message
stirs up hot. debate In congress and
leading speakers wax eloquent on polit
ical subjects. ' • ■ , ,
Sherman anti-trust law is used as a
weapon against labor unions in accord
ance with . decision of United States
supreme court. I
Santa Fe railroad loses plea for delay
in federal court In Chicago.
Liquor and anti-liquor interests in
Chicago prepare for struggle to the
death. ■ ,'■■ .
Thomas L. Lewis of Ohio Is elected
president of the United Mine Workers
at Indianapolis. ■»;.:
Explosion In mill .in Pennsylvania
kills seven.'' ' ■
FOREIGN . ,
Premier Franco of Portugal Is forced
to resign. .Young king assembles new
cabinet and takes up the reins of gov
ernment where they were dropped by
his father. -.. ';■: ' 1"'../ --,
i Hungarian - deputies t refuse • to ' pass
resolutions of sympathy for royal fam
ily of Portugal. ■ .:"•■•. ■«-■•« -■.''■■:.
n»Pretender to throne of Portugal not
implicated in assassination, is belief. <>,
-:.-- Smallpox >, raging !In Kobe; t over. two
thousand cases are reported. :
TUESDAY MORNING, FEBRUARY 4, 1908.
PRESIDENT'S
SPEECH STIRS
HOT DEBATE
CONGRESSMEN DISCUSS THE
MESSAGE
ROOSEVELT'S MOTIVE IS QUES.
TIONED BY DEMOCRAT
Republican Representative Claim* for
His Party All Vital Legislation
•1/y; In the Last Fifty
Years - -v ■,:
By Associated Pren.
WASHINGTON, Feb. 3.—Three of
the giants of the house of representa
tives had their innings today. Tech
nically, the Indian appropriation bill
was uncer discussion, but legislation
was relegated to the background while
national politics occupied the stage.
Before the political question arose
the house, with next to the largest at
tendant of the session, with but one
dissenting voice, passed a general
widows' pension bill granting a flat
pension of $12 a month to the widows
of all honorably discharged soldiers of
the Unl'pd States who have not here
tofore received the benefits of the pen
\ sion law, and an Increase of $4 a
i month 'or those who have benefited
under the act of June 27, 1890. The
law expressly waives the limitation of
property holdings. The bill involves
the expenditure of more than $12,
--000,000 annually. , . . < '
The polltlca' debate was opened by
Mr. Townsend of Michigan, who. In a
prepared speech, claimed for the Re
publican party credit for all national
lcglslatior In the last fifty years of
vital Interest to the public.
Questions President's Motive
Representative Sherwood (Dem.,
Ohio), in following Mr. Townsend, de
clared his Ideas of the president's mes
aage, and particularly addressing him
celf to Its labor feature, said:
"For what reason did the president
express his views so fully? Was It In
the Interest of the candidacy of the
secretary of war? Is It a spectacular
and sei.satlonal appeal to divert the
attention ot the public from the secre
tary's record? The president, like the
secretary of war. has a labor record of
IMb own that if. in need of patching."
Mr. S-'herwood took up the report of
the Goldfleld labor commission made
to the president In December and just
submitted to congress, and said that
the report itself showed that the send
ing of troops to Goldfleld was clearly
tgalnst the statute In that no state of
Insurrection existed; that the troops
were placed at the disposal of the
mine ovuers at the behest of Senator
Simon Guggenheim and other mine
owners In Nevada who' wined and
dined Governor Sparks.
Speaking of the Moyer-Haywood-
Pettlbone case, Mr. Sherwood said
that when writs of habeas corpus had
been uniustly issued to take them from
Colorado to Idaho the president did
not interfere.
"He was as silent as the oysters in
Oyster bay."
Bourke Cockran Replies
Bourke Cockran also replied to Mr.
Townsend. He denied the accuracy of
Mr. Townsend's statement and said
that since, the beginning of the re
public there had not been a single
policy prominently incorporated into
luw that was not of Democratic origin.
Cominrr to more recent issues, Mr.
Cockra-i said:
"The message which the president
sent here Friday raises a question
which goes ti the very existence and
frowth of civi government. The first
[,art ot the message contains com
plaints.
"After we pass that portion we como
to the part which we all applauded,
and that wa.- the paragraph that re
lated to charges that business distress
•.vas brought on by the government,
->nd that tht knife should be used
freely in cutting out rottenness."
Mr. Cockran grew vitriolic in his de
nunciation of bank presidents and cor
poration officials who had been guilty
of illegal actions.
Depravity in High Places
He first referred to the insurance in
vestigation and in speaking of the re
cent financial crisis said it had been
caused by revelations of depravity in
high places In the financial world.
"Was the president responsible for
that?" he inquired. "The whole trouble
grew out of a quarrel of the plunderers
of insurance companies over the distri
bution of the spoils. So deeply had the
public conscience become appalled by
the spectacle of unpunished crime that
never did it seem to dawn on any one,
publicist or journalist or prosecuting
officer, or even politician, that Instead
of certain corporation heads being suf
fered to do some house cleaning in the
corporations they had pillaged, they
ought to be sent to do some cell clean-
Ing In the penitentiary.
"These gentlement," he said, "when
their rapacities had exhausted the sup
ply and there was nothing left to steal,
did not even surrender control of the
corporations they wronged."
They do not, he continued, flee from
Justice, fearing its sword, but "they
go Into a court of Justice and obtain
Its protection to obtain further author
ity over tho very trusts they had be
trayed."
Banks Ruined by Crime
Regarding; recent, bank failures in
New York, Mr. Cockran said that not
one of them failed through error of
Judgment. "Every one of them," he
said, "was ruined by crime."
He charged that the officers who
were being pursued before grand juries
and criminal courts actually had set
themselves to work to raise funds to
reopen the concerns and induce depos
itors to sanction delay in the payment
of their money, "and." he said, "they
are treated as saviors of society be
cause they had not blown up the build
ing in addition to pilfering the banks."
"It had been asked," continued Mr.
Cockran. "why doesn't the president
prosecute these gentlemen?" but he
said he noticed "it was alway3 pro
pounded by those who, if they thought
there was any idea of prosecution,
would not. engage in public discussion
(Continued on put* two)
Portugal Striving to Throw Off Monarchy
; ■"■■"'■■ ' ■ ::"' ■ iv^v■'SHl IfwirlT >" "■ %S.£tA£bAiis*Jk * f
' ' % « ■■■ ■''■'» I '^JBS \
\ IBM- '' " f^v>*^| Bk. //
• ■-■■■.■:".. ■■■.-. KiMHi IW^Mlttßfk ttC ■ *
;.. . \ •
I ;/' . ' .. .. „ ■ _ ■ : -J ,_____ M^__^_^, _„
Map of Portugal, and the late King
Carlos and Queen Amelie above.
Below is the late crown prince.
FOUR MENTAL
EXPERTS TEST
THAW'S MIND
FAMILY HOPES TO HAVE PRIS
ONER RELEASED .
' ■■ *•' ' -- .
Evelyn Nesbit Goes to Matteawan to
See Her Husband and Appears
■ Distressed at His Con.
; . ; i , dition .'■
By Associated Pres*.
POUGHKEEPSIE, N. Feb. 3.—A
brief examination and observation of
the mental condition j of Harry. K.
Thaw, now confined In ' Matteawan
state hospital for the criminal insane,
was held today by Dr. Allan W. Fet
riss, president of the New York state
lunacy commission, and Dr. Lamb, su
perintendent os; the Institution. • The
Hxamination was of preliminary char
acter.
Thaw .and the physicians talked cas
ually i together for half an hour.
After the examination Dr. Ferrlss
raid it was too early to give an. opin
ion on Thaw's mental condition. | The
examination interrupted a visit of Mrs.
Evelyn Nesbil Thaw and Daniel
O'Reilly of Thaw's counsel, who came
up from New York today. It was Mrs.
Thaw's first visit to her husband since
his arrival at Matteawan, and she ap
peared distressed over the situation in
which her husband ! found himself
among the Insane, '.v V ■ ■ \ ;
Alienists Evans and Jeliffe, retained
by the Thaw family, held several con
ferences with thaw, during - the day.
It is believed here that unless Thaw is
discharged through the co-operation of
the state authorities I ' within ■i a, ■ few
weeks habeas corpus proceedings will
be Instituted In the supreme court, -
„■.■■ ,-,.• ■.... «< » ■■ "
Bid* Son Farewell, Dies
By Aiaoclattd Presm.
STOCKTON, Feb. 3.—After bidding
her son good by, Mrs. Catherine Ma
bree was about to board the 11:30
Southern Pacific train for San Jose
yesterday when she suddenly fell over
and, after taking a few breaths, died.
The woman was visiting her son, T.
Mabree, who Is a telegraph operator at
the depot.
Receiver Named for Bank
3jr AMoelatci. fraM.
SAN FRANCISCO, Feb. 3.—Frank J.
Symrnes, president of the Merchants
association, was appointed receiver of
the Citizens State bank by Judge Sea
well this morning with bonds placed
at $50,000.
PREMIER FRANCO, WHO HAS RESIGNED AS PREMIER
LEWIS ELECTED HEAD OF *
UNITEF) MINE WORKERS
By Associate 1 Pie«».
INDIANAPOLIS, Feb. 3.—Thomas L.
Lewis of Bridgeport, 0., was declared
elected president of the United Mine
Workers of America at today's closing
session of the annual convention.
The report of the tellers showed that
127,025% votes were cast for president,
of which Mi. Lewis received 64,653 Mi.
and W. B. Wilson of Blossburg. Pa.,
received 62,472. Lewis' majority was
2081H- J. P. White of lowa was elected
national vice president, having no op
position. He received 116.078 votes.
For secretary-treasurer William D.
Ryan of Illinois received 82,345 Mi votes
and John Fahy received 40,818^4.
The convention adjourned today.
Railroad Shops Reopen
By Anoelated Pren.
ALBANY, N. T., Feb. 3.—After a
temporary shutdown the New York
Central railroad shops at West Albany
resumed operations today. About 1300
men are affected
Ctypt 1? fTlT>TTr'<«i • OAti.it, act Sunday, a«
Oll> VX-Lj.Ej KjVJr JJCj© . OIV Til A IMS. 5 CENTS
EARTHQUAKE TREMORS
RECORDED AT WASHINGTON
8y AMoelatmJ Prats.
WASHINGTON, Feb. 3.—The weath
er bureau today issued the following
earthquake bulletin:
"An earthquake of slight Intensity
from a distant origin was recorded on
the seismographs on February 1, be
plnning at 6 hours. 16 minutes, 11 sec
onds p. m., seventy-fifth meridian
time.
"Perceptible tremors were recorded
for nearly an hour. The distance of
the original quake from Washington Is
estimated to be about 3800 miles."
ALBANY. N. V., Feb. 3.~Dlre<tor
Clark pt the state museum reported
today that eaith tremors from some
distant source were registered Satur
day evening by the seismograph in the
museum. The disturbance began at
6:28 p. m. and lasted for nearly an
hour, traveling In an east-west direc
tion. Tts> center must have been over
5000 miles <i!.«r.mi. somewhere In the
Pacific or in central Asia.
*£ CENTS
YOUNG KING
OUSTS HARSH
DICTATOR
QUEEN BEARS GREAT SORROW
BRAVELY
MURDERS CAREFULLY PLANNED
BY ASSASSINB
American Ambassador Is First to
Offer Condolence to Royal Fam.
lly—Funeral Set for
February 8
By Auoctlted Pra»a.
LISBON, Feb. 3.—Under a new re
gime, with a new ktng and the estab
lishment of a new cabinet, Portugal
seems to be for the moment at peace.
There is an underlying current of revo
lution, however, and the strictest meas
ures are being taken to preserve order.
Franco, the once dictator, was forced
to resign because of the bitterness of
the people against him, and the new
cabinet will strive for the welfare of
the fatherland under the presidency of
Rear Admiral Do Amaral. Another of
ficial statement given out was to the
effect that the presidency of the cab
inet would be supported by all the
groups of monarchists, who had agreed
to forget previous differences.
Murders Carefully Planned
The situation for Premier Franco
after the assassinations of the king
and crown prlnre became impossible.
During the days which preceded the
tragedy and during the tumultuous
manifestations on the streets, with the
later discovery of vast stores of arms
and bombs, public opinion backed him
in his efforts to maintain 'order, but
the murders changed the entire com
plexion of the situation. He has not
been seen on the streets since his meet
ing with the king Immediately after
the latter's arrival from Villa Vioosa,
but aii possible places where he might
have been are closely watched and
guarded.
The new cabinet, which is composed
of the strongest members of various
factions, but all opposed to Franco,
has drawn to it a strong supporting
movement. During the night Admiral
Do Amaral and the chiefs of the mon
archist parties held a protracted ses
sion and laid out a program looking
to the pacification of the people.
Word has been received hern that a
British fleet, the number of vesaela not
being stated, passed Oporto this morn-
Ing bound for Lisbon.
The Investigations of the police show
that the murders were carefully
planned. On Saturday the assassins
met secretly in the back room of a cafe
and there laid out every step of the
plot, which they were enabled to do,
as all the details relating to the home
coming of the king had been made pub
lic. To each was assigned a post in
the work of shooting down the mem
bers of the royal family, but lots were
drawn for the selection of each par
ticular victim. Those who drew Queen
Amelie and Prince Manuel failed to
carry out their bloody task.
The chamber in the palace where re
pose the bodies of King Carlos and tho
crown prince has been draped in
mourning and arranged to resemble 9,
chapel. The biers are surrounded by
lighted candles, and Queen Amelie and
tVe dowager queen, Maria Pia, wife
and mother of the king, watch continu
ally at the sides of their dead.
The body of the king Is clothed In
the uniform of the comander-in-chlef of
the army, and his son is clad in the uni
form of chief of the lancers.
Funerals Set for February 8
The funerals will be held February 8
and the bodies will lie in state prob
ably beginning tomorrow. It is ex
pected the funerals will be attended b."
the prince of Wales. Prince Charles of
Bourbon, the duke of Aosta, a cousin
of King Emmanuel; a special French
embassy and detachment of the foreign
regiments of which the late king was
honorary colonel.
The condition of Queen Amelle, con
trary to rumors, is relatively good. The
duke of Oporto, brother of the la'.o
king, has established his residence a:
the palace, where he will remain for a
time. Tho countess of Paris, Queen
Amelie's mother, is on her way here.
Charles Page Bryan, the American
minister to Portugal, was the first dip
lomat to offer condolences to the royal
family.
Little by little Lisbon is regaining Its
normal aspect, although all the public
buildings and the palace are stli!
guarded hy cordons of soldiers and de
tachments of the municipal guard. A
number of the newspapers of the city
have suspended publication.
King Open* Council
The opening session of the new coun
cil was held today and the young mon
arch. King Emanuel 11, placed himself
in the hands of Ills ministers. He ap
peared before them and in a voice
shaken with emotion said:
"I am yet without experience either
in science or politics. I place myself
entirely In your hands, needing and
believing in your patriotism and wis
dom."
Arrests are beng made by the whole
sale in Lisbon, and all suspicious per
sons st'U at liberty are under police
survelllrnce. Up to 4:30 this afternoon
there has been no recurrence of disor
ders In Lisbon. The Portugal frontier
in being closely guarded to prevent the
escape jf suspects. The authorities are
maintaining a strict censorship on all
outgoing telegraph messages.
King Emanuel II has announced his
intention of summoning parliament
and of taking the oath to preserve the
Integrity of the kingdom before that
body.
The chamber, which was dissolved
hy Premier Franco, will reassemble be
fore the holding of the regular elec
tions. The new president of the cabi
net. Rear Admiral Francisco Joaquln
Ferrlersi Do Amaral, belongs to the fa
mous Ferreira family of Portugal. He
h.is been a conspicuous naval officer
for many years and was a long time
fuperintendsnt of the Lisbon arsenal,
{Costumed » Pace Nine.) ©