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vot,. xxxvii. r»I?Tf" IF'» M'MBKK 148. X L\L\uLj . AUTHORITY OF CONGRESS AND COURT TESTED Situation Is Unique in American Juris prudence ARGUMENTS HEARD Precedents from Days of Justice Marshall Cited [Associated Press] WASHINGTON, Feb. 25.—The great question of the authority of one branch of the government over another was argued In the supreme court of the District of Columbia, with precedents dating from the days of Chief Justice Marshall. The mere mandamus proceedings of the Valley Paper company of Holvoke, Mass., against the joint congressional commit tee on printing, evolved into a con test of authority between the courts and congress, and the foundations were laid in a case as histor'; as any In the annals ot the judlciUry. Whether the printing: committee can be compelled by a court to rescind Its action on purchases of paper for the public printing and take into consider ation the bid of the Valley Paper com pany Is the immediate question. Whether congress and it.s members, in their official capaety, and clothed with constitutional immunity, are amenable to the. law will be the ulti mate one, counsel on each side is ready to admit. Today senators of the printing com mittee continued to Ignore the sum mons of the court on the ground it was without Jurisdiction. They were not represented by counsel. They are Senators iioot of New York, Smoot of Utah and Fletcher of Florida. The members of the committee of the house, however, Allen F. Cooper of Pennsyl vania, Sturgiss of West Virginia and David K. Finley of South Carolina, occupied seats in the front row of the spectators and were represented col lectively and Individually by a bat talion of counsel. The derailment of justice was represented, for the first time, to contest the jurisdiction of the court. The meit of the committees plea in answer to the paper company's man damus was that the company's bid was not "the lowest in the best Inter ests of the government,'' and that It failed to comply with certain legal technicalities. On the question of its relation to the court, however, the graver contention was made fiat the members of the printing committee were clothed with the constitutional immunity conferred upon them by their membership in con gress; that they did not act In a min isterial capacity, and that tlio man damus, stripped of its primary features, was not a mandamus against the print ing committee at all, but realy a man damus from the supreme court of the District of Columbia to congress itself. The committee's plea was that as a committee its members did the same work which congress could do upon the floor of both houses if it choose to do so. Justice Wright said he would hand down his decision Monday. This pre sents a situation entirely new in Aracr i.:,i\ Jurisprudence, with the possibility of the three United States senators be ing adjudged in contempt of court, and with the possibility of a supreme court justice being accused by congress. ARRESTED BANKER TELLS SAD STORY Bank President Says He Has Strug gled Greater Part of 20 Years Squaring Defalcations of Others 'Associated Press! KANSAS CITY, Mo., Feb. 25.--Byron L. Church, 56 years old, a pioneer farm er and for twenty years president of the Bank of Holyrood, at Holyrood, Kas., who was arrested today, charged with wrecking the institution, issued a statement before he was taken back home tonight. Church told how, after years of toil as a farmer, he had amassed a fortune, only to lose U in the world of finance through Irregularities of relatives whom he had placed In positions of trust, liy paying the shortages of others, amouning to $100,000, the bank was kept open, he said.t Maxwell Church, a son of Byron Church, and F. W. Thomas, a nephew of the former president, both at one time cashiers of the bank, are being sought by J. N. Dolley, bank commis sioner of Kansas, who caused Presi dent Church's arrest. Byron L. Church in his statement told of moving to Holyrood thirty-three years ago. He Became rich, and in twenty years he obtained a controlling interest in the town bank. "A nephew of mine was made cush ler of the bank," ho said, "and prac tically controlled it. Three poors ago I found my nephew had been bucking the grain markets in Wichita and Kan sas City and that he was fiii.ooo short with the back's funds. He ran away, and I made good the shortage out of my own pocket. Then 1 installed my son, Maxwell Church, as cashier. "About three months ago tin old cer tificate of deposit issued by my nephew three years ago came back to the bank and showed my son anil me that there was a further shortage. I was stag gered when I saw this, and concluded I would say nothing about it for a little while, that.l might have time In which to raise the money and make it good. "A month ago a representative of the state bank examiner went over our books and fount! this additional nhort uge and then there was trouble. He told me I was not fit to be president of a bank, and that I would have to re 'ien I asked for a week's time to make good the $15,000 shortage, but ho would give me only two days. I raised the money and paid it Into the bank in the time set." president church arrived here three days ago with his wife and a younger sun. Mrs. Church left for homo yester- LOS ANGELES HERALD Af\ r*(T7''\rTQ »v CARRIER '±\J l^lilxN 10 l-ER MONTH INDEX OF HERALD'S NEWS TODAY FORECAST For Los Angeles and vicinity: Fair, colder Saturday; brisk to high north winds; light frost in morning if wind lulls. Maximum temperature yester day 71 degrees, minimum 57 degrees. LOS ANGELES City laborers will receive pay every week Instead of by the month. PAGE 6 Extension^ of time for Cregier Fire Alarm company recommended by supply com mittee. FACE 6 New orders lmu*d to Yuma land oppll cants to bredk line. PAGE 8 Mrs. Maude Balllngton Booth arrives In Los Angeles and will deliver series of addresses In this vicinity. PAGE] 16 Meyer Ltssner addresses Social Problem club of Y. M. C. A. on effort of Good Government forces. PAGE 16 R. K. Christie, Investor, says he thought American riverbeds were filled with gold. PAGB # 5 W. F. Platt, nephew of former Senator Thomas C. Platt of New York, pleads guilty to burglary charge. PAGE 9 Police Judge Rose admits technical error and grants new trial in conspiracy case. ■ , * '•'■ PAGE) 5 John Haunschek, 19-year-old youth', sen tenced to 25 years In prison for at tempting to poison his mother. PAGE 5 Attorney T. IX. Stewart says Bar asso ciation should devote more time to op posing unfit than Indorsing the favored. PAGE 8 Dry farming methods urged by Secretary Frank Wiggins of IjOs Angeles chamber of commerce. PAGE 11 Widow claiming to be worth 1180,000. de mands that prospective husband post $26 "earnest" money. PAGE 11 Members of Methodist society are building their own church. ~ .-.'. " PAGE 1 Cincinnati man arrested here and bank rupt, accused of overlooking 110,00.). PAGE 13 Heavy fines will be assessed corporations that have failed to file reports with In ternal revenue collector. PAGE 9 Sleuths sent on wild goose burglar hunt by mirrored light of auto lamp. PACE 11 Foster parents lose custody of children after four years. PAGE 9 Eleven-year-old Llewellyn Cushman acci dentally killed by his mother with shot gun on family- ranch at Del Bur. PAGE 9 Police spies must seek new Jobs,, according to Chief Galloway. PAGE 0 Hearing of Thomas Montez in opium smug gling case postponed at request of federal authorities. PAGE 9 Son of former Scretary Gage arrested for. speeding. PAGE 9 Editorial, Letter Box and Haskln's letter. PAGE 4 Club! ar.d ir.us'.o. ; PAGE 6 Marriages, births and deaths. PAGE! 14 News of the courts. PAGE 5 Municipal affairs. . , PAGE 5 Mines and oil fields. __ PAGE 13 Markets and financial. PAGE 12 Citrus fruit report. PAGE IS Building permits. PAGE 16 Churches. PAGE 16 City brevities. PAGE 5 Classified advertising. PAGES 14-15 Sports. PAGE 10 Automobiles. PAGE 11 Child Study Circle. PAGE 1 SOUTH CALIFORNIA Total absence of girls at Westgate school mystifies educational authorities at Santa Monica. PAGE 14 John Z. White of Chicago addresses Pasa dena board of trade at Its monthly luncheon. ;;,.„■; PAGE 14 Good Government league forces In Re dondo receiving enthusiastic support of best citizens. PAGE 14 San Bernardino arranging to celebrate cen tennial anniversary of the coming of the white man to that valley. PAGE 14 COAST Man revived after being nearly frozen to death at Spanish Fork, Utah, asks who won fight. PAGE 3 Suit for lower railroad rates at Fresno Is left to local chamber of commerce. PAGE 3 Y. M. C. A. convention for 1911 may be held In Los Angeles. PAGE 8 Dr. Burke Indicted on two counts, one for attempted murder at Santa Hosa and other a criminal operation on Sonoma county girl. PAGE 1 Crusade planned for closing of all saloons In San Francisco. PAGE 1 Fort Wordcn officials suspect wholesale murder plot in absence of soldiers posted as deserters. PAGE 10 Sailor on T. S. S. California saves girl 1 who Jumps from quarterdeck. PAGE 10 EASTERN Special Agent Glavls declares successor lost Alaska coal land cases for govern ment. PAGE 3 Governor Vessey of South Dakota to lead Republicans on platform, supporting Taft and Roosevelt. PAGE ! The United States gains In exports and imports during year passed. PAGE 3 Slump follows lift In stock market prices and professional buyers hurry to sell. PAGE 12 California and Canadian promoters meet in Denver to form asbestos trust. PAGE 2 Meat barons Indicted In New Jersey; back bone of packing interests in country face trial; charged with fraud. PAGE 1 U. B. Supreme Court Justice Harlan Is ac cused of trying to use his influence to secure appropriation for college he rep resents. PAGE 1 Tariff law attacked by Representative Kltchin, who say» it is blessing to rich and pain to hungry. PAGE 1 Warrant charging murder of her husband issued for Mrs. Vaughn. PAGE 2 Warrant for arrest of president of Central Labor union Is Issued by Philadelphia authorities in connection with car strike. PAGE 2 Chicago Judge gives wife right to make erring husband do .housework and stay in nights. PAGE 10 Superior authority of congress and supreme court being tested in 'unusual case. PAGE 1 President of Holyrood bank, Kansas/under arrest, tells sad story. PAGE 1 FOREIGN "Red" army, under General Potts, cap tures Manila and wins theoretical victory In Philippine war game. PAGE 3 China deposes ruler of Thibet, believing he endeavo>«d to overthrow govern ment. PAGE 3 Germany claims she is not hostile to ex hibit of American machinery at Berlin fair. I'AE - MINING AND OIL Secret process will be subject of Investiga tion by chamber of mines. PAGE 13 Ironwood group at Kofa, Ariz., will be worked under bond. . PAGE 13 Homestake' well at Coalinga gushes 400 . barrels a day. -. * PAGE 13 I,lining gold mine expects to begin op- .. eration on high grade ore next week. PAGE 13 SPORTING. i Beauman annexes feature /t Juarez track. , PAGE 10 Jeffries plans world-wide tour after he whips Johnson. PAGE 10 Bat Nelson still I hoping for return match .j with Wolgast. i PA(li: 10 Gilbert runs away while at post at Oakland race track. PAGE 10 Trl-club ' hors« race circuit planned f„ Southern California cltits. PAOBIO fl-i ..*■■■> >-ni« null ■' !■!! iMi if mi llTfssH^f H I |i*l U'T ll 'ttlMi ■—f MM 11 SATURDAY MORNING, FEBRUARY 20, 1910. DAYS OF CIRCUIT RIDERS ARE RECALLED BY METHODISTS BUILDING OWN CHURCH digs *a| KCHJiI *1 ,'f ITTPF hnffiwhillCnn i XmimmmMMlU j* hpy i i '-i j £■•*s(" v li Km* TV I ■"^^^ 1 fi ■ •■ <•■ ' * It* I. ' "^!!!^»-^«-~ir5SBIl jn. ■ Sa -'-''' '■' " ■■':"' ":" :' ':'>li: I^(^T_i .'.....■.-.. . * L * ;- ■_■;.:-. ■-■■ -^ ■ --- j. r-. .■ --.■,.,'.■-,■,-■ -,■ 'J ■■■'■■■■ i '-"■"'' - -■ ■ ■ VV^V'-iXw £^&L>Jlf" 'r Wji *^W^ m^^^HrtK&Piri^^m^T**fc"*' .W Jgt*m*Oß£3r lJJHflvTr^^i*Sftyw v^^^KffJt ■ >Stt'*WK^*B(rji':TT^Tj\i»^^^^^^^^^^^p^H ||r i^JP l^lf YURI'S '•^?i'^s^wf^*fe, B^kOj^h^^^bi Dinner time at Third street and Hoba rt boulevard—Women of church preparing food. In the center of the group Is Prof. James Woodedge, the pastor. MEMBERS ERECT NEW STRUCTURE BUILDING READY BY EASTER THEIR HOPE Labor Is Being Done Free by Men of Congregation, While Women Prepare Their Meals Days of the famous circuit riders are recalled by the scene at Third street and Hobart boulevard, where Metho dists, deprived of a. meeting place by the district in which they live being taken Into the city, are building: a church for themselves which they ex pect to have finished In time for ser vices Sunday. Kighteen men were hard at work on the new structure yes terday, and they are confident that it will bo ready in the required time. The building is a small affair, b«t will amply supply the needs of the congregation until more accommodat ing quarters can be found. It is being built similar to many of the pretty little bungalows In the vicinity and will bo sold for a dwelling as soon as a regular church can be erected. All the labor on the new edifice is being donated free by the members of the congregation. Even the women of the neighborhood, not to be outdone by the men, come to the church each day and spread the workmen's noon meal before thorn. The men do not work the regulation hours, but labor as long as it Is light enoush to see. Behind the hard work now being done by the members of the Hobart parish of the Methodist church is the story of a congregation without a place to worship. Until last Sunday the regular meet- Ings were held In the Cahuenga gram mar school. When the Wiltshire dis trict was taken Into the city a few days ago, however, the city school authorities refused to let them meet there longer. Determine to Build When this situation confronted them members of the parish, instead of abandoning the society, determined to erect a place of worship of their own, and the new Hobart Methodist church Is the result. The lot on which the new building stands had to be purchased first, and $100 toward this w.as raised at a meet ing of the ministers of the city last Monday and $400 more was borrowed. Lumber was secured at once and build ing operation began Thursday. At noon yesterday the building was at -least half finished and the carpenters have no doubt that they will be able to have it completed by tomorrow night. Prof. James Ulackledge, the pastor of the new church, has worked faith fully to get the new building, and it was his untiring efforts which made it possible. The members of the congregation have arranged for a series of enter tainments to aid in defraying the ex penses of the new church and are sell ing tickets to them. The first one will be given March 15 at Blanehard hall. On that date Charles E. Locke, pastor of the First Methodist church, will speak, his subject being "A Pilgrimage to Some of the Shrines of American Heroism." Following this at different dates lec tures will be given by Dr. Matt S. Hughes of Pasadena, Kobert Watchorn and Key. Francis M. Larkin and a concert of sixty voices will end the aeries of entertainments. GIRL FRIGHTENED INTO CONVULSIONS; MAY DIE LANCASTER, Feb. 25.—Left alone by her brothers, who went away to seek work, Miss Martha Walters, 19 years old, was frightened into con vulsions at her home five miles from here, and Is now In a critical condi tion. Whether the girl was attacked is not known, but In her few lucid moments she speaks of a strange man who accosted her. Neighbors found her yesterday in a pitiablo condition. Dr. Van Horees of Tebachapi went to the ranch tonight and is attending Miss Walters. INDICT DR. BURKE; ATTEMPT TO MURDER TWO IS CHARGE jPhysician Accused of Placing Explosive Under Sanitarium Tent at Santa' Rosa Also Faces Accusation of Having Performed Criminal Operation SANTA ROSA, Feb. 25.—Two in dictments, one charging him With attempted murder by means of dynamite or some other explosive, and the other with a criminal operation, were returned this evening against Dr. Willard P. Burke, as a result of three days' investigation by the grand jury of Sonoma county into the circum stances surrounding the dynamiting of the tent house occupied by Lou Etta Smith and her 11-months-old baby, February 5. The grand jury, composed of rep resentative citizens of Santa Rosa and vicinity, reported the indictments to Superior Judge Seawell shortly before 6 o'clock. Judge Seawell immediately issued warrants which wore served upon Dr. Burke tonight. Bail fixed at $l! 0,000 on one Indictment, and $5000 on the other, was quickly furnished. The aged and patriarchal-appearing osteopathic physician, who is widely known throughout the state, and to whose sanitarium hundreds of peo ple have come in search of health, is charged with "having feloniously, will fully, unlawfully and maliciously de posited and exploded in or near the tent houso occupied by Lou Etta Smith and her child, dynamite, Hercules powder, or other chemical compound, with the intent then and there to feloniously injure said Lou Etta Smith, and that by means of said deposit and explosion said Lou Etta Smith was thereby injured." The other indictment charges him with having performed a criminal operation on a young married woman of Sonoma county. Unusual Interest attached to the last day's Investigation of the grand Jury because of the fact that the Smith woman had been called to testify. A large crowd gathered in the vicinity of the grand jury room to get a glimpse of the woman who charges that the aged physician is the father of her child. There was a murmur HARLAN IS ACCUSED; SON DEFENDS JURIST Head of University of Illinois Scores Aged Justice for Activity in Trying to Secure"iVloney ' ' """ for Rival College WASHINGTON, Feb. 25.—An attack on Supreme Court Justice Harlan for activity before a house committee in behalf of a bill to extend government assistance to the George Washington university was made today by Presi dent James of the University of Illinois before the house committee on agricul ture. It is understood Justice Hurlan had been on the pay roll of the uni versity at. a salary of from $2000 to $3000. Mr. James said: "It seems to mo it is not quite proper for a Justice of the supreme court to urge on congress, among whose members are many men who practice in this court and who may be beholden to him for favors, that they should make appropriations for the benefit of a private institution on whose pay roll the justice has been for the better part of a generation." Justice Harlan's Bon, Dr. R. D. Kap lan, defended his father, saying: "I am sure my honored father, ap proaching perhaps the close of his life at four score years, is safe from any aspersion of his motives in this mat ter The people of Washington will hardly believe he is actuated by any motive other than that of simple Justice." [Associated Press] of disappointment from those who ex pected, to see a young and attractive woman. When Miss Smith appeared, they saw a woman of about 40 or 42 years of ago, unusually tall and ex tremely thin of flfjui-e, with a sallow, cadaverous face. Looking older than she actually is and angular to the ex treme, there Is nothing prepossessing, much less seductive, in her appear ance which Is far from the picture that one would conjure of the woman who had caught the fancy of the long-bearded physician. Miss Smith, it is said, told the prand jury of her alleged relations with Dr. Burke and In testifying repeated the statements that she has made several times to the effect that Dr. Burke is the father of her child. It is the theory of the prosecution that an attempt was made by means of an explosive to put the woman and her child out of the way because of this alleged relationship and the dan ger of it becoming public. Correspondence between Miss Smith and Dr. Burke was placed before the inquisitorial body, indicating that the two had known each other for a num ber of years. Miss Smith was followed by Dr. A. W. Hitt, formerly head physician at the sanitarium, who told of alleged remarks made by Dr. Burke that "he feared Miss Smith would attempt to kill herself with dynamite." Thomas Riley, a mirier, formerly em ployed in Dr. Burkes mines at Kanaka Peak, testified yesterday that Burke had obtained six sticks of dynamite at the mine in December. That Dr. Burke had made prepara tions for bail and was not surprised when officers arrived to serve the war rants waa apparent from the fact that the bonds were quickly furnished. During the day Hiram W. Johnson of San Francisco, who will conduct the defense of Dr. Burke, came to Santa Ho.sa to confer with the physi cian, and with J. R. Leppo, who will be associate counsel. WILL WAGE WAR ON LIQUOR IN BAY CITY Temperance Organizations Plan Cru sade Against Saloons—Battle for I-Tohibitldn'to Segin March* 20 and End April 17 SAN FRANCISCO, Feb. 25.—A 30-day crusade against liquor and the saloon in this city is being planned to be conducted. At a meeting held to day between representatives of the State Anti-Saloon league, the W. C. T. U. and the Good Templars it was de olded to begin the prohibition war March 20, at the conclusion of the Lay men's Missionary convention, and con tinue it actively until April 17. It is the purpose of those interested to maintain a state of constant agita tion of the issue involved during that period. Bishop E. H. Hughes of the Methodist church addressed the meet ing and approved of the scheme. Miss Marie Brehm of Chlcugo, a well known temperance advocate, will be one of the leaders In the fight. No definite plan of action has been announced. TO STUDY WOMAN'S HEADGEAR NEW YORK, Feb. 25.—A millinery arts college, devoted to a Btudy and improvement of women's headgear, will take Its place among New York's edu cational institutions in the near future, if the plans laid by the National Asso ciation of Rotatl Milliners, now In ses sion here, are carried out. SINGLE COPIES: S^USIifTOU? DEMOCRAT FLAYS TARIFF MEASURE BLESSING TO RICH, PAIN TO POOR, SAYS KITCHIN Representative from North Carolina Makes General Assault During Debate on the Postoffice Appropriation BUI 'Associated Pre«>l WASHINGTON. Feb. 25.—Represen tative Claude Kltchin of North Caro lina made a general assault on the tariff law under the license of general debate on the postoffice appropriation bill in the house today. Telling a number of stories of starv ing children, and of workingmen ap pealing for work in large cities, Mr. Kitchin concluded each statement: "And all this under the Payne-A!d rich tariff bill, which no one on the Republican side has the courage to de fend." Mr. Kinchin declared the bill was well named the "All-rich-pain bill," a blessing to the rich and a pain to the hungry people of the country. A lively exchange took place between Mr. Kitchin and Mr. Gardner of Mas sachusetts over prices of food products. Reading from testimony of Secretary of Agriculture Wilson, that meat pro ducts of the American farm were be ing sold in Europe cheaper than in this country, Mr. Kitchin said: "It Is not true that the farme.' has benefited by the high prices. Prices for farm products were higher in 1893 under the Cleveland administration than ever before, and statistics show that." Turning his attention to "Cannon ism," Mr. Kitchin, in dramatic man ner, described what he termed a plot to assassinate Mr. Cannon for the good of the g. o. p.' Referring to "near-insurgents," Mr. Kitchin read from a New York paper a description of their alleged desire to get rid of the speaker to save them selves in the next election. "In murdering Caesar, Brutus prom ised Rome a better thnn Caesar," shouted Mr. Kitchin. "But you only promise a weaker than the speaker. For myself, I'd rather see a lion than a Jackal in that high place in thi3 house." POLES SNAP UNDER BIGGEST AMERICAN FLAG IN WORLD Monster "Old Glory," Made by Hun. dreds of Pittsburg Women, Spread Over Lilies PITTSBURG, Feb. 25.—The largest American flag in the world, 160x80 feet. Is being used to cover the Easter lilies that are being propagated in the Phipps conservatory in Schenly park for the Easter (lower show. The Idea of a big flag was Inspired by Capt. Howard Oursler, Mayor Ma gee's secretary, who enlisted several hundred women in its making. These later organized the Society of Betsy Ross. The banner has become a "white elephant" because no supports or poles could be found sufficiently sti-.-ng to hold it. , . * »» SACRIFICES HERSELF TO SAVE HER SLEEPING CHILD SANTA ROSA, Feb. 25.—Death to night relieved the suffering of Mrs. A. L. Story, who was frightfully burned in her home yesterday morning when a can of kerosene, to which a lighted match had been carelessly applied, exploded and scattered the naming oil all over her clothing. Mrs. Story tried to prevent the flames from spreading to the crib in which her infant child was asleep. With her dress ablaze she rushed Into the yard, where she was met by her husband, who extinguished the flames with difficulty. CEISTS BEEF MAGNATES INDICTED; FRAUD CHARGED TRUST Multi - Millionaires Face Term in Prison and Big Fines CONSPIRACY CHARGE Offense Is Extraditable; Meat Barons Cannot Escape Trial [Associated Press] \TEW YORK, Feb. 25.—The beer |\ trust of the United States, era -^ bracing six great packing com panies and twenty-one packers, sev eral of them multi-millionaires, was indicted by a grand jury In Hudson county, New Jersey, today, charged with conspiracy in limiting the supply of meat and poultry. The indictment is drawn under tho law of New Jersey, which provides upon conviction a maximum penalty of three years in the penitentiary, a $1000 fine,.or both. The offense is extradit able, which means practically that the meat barons cither must successfully resist extradition or come to Jersey City for trial. Pierre Uarven, public prosecutor of Hudson county, said tonight that ha would forthwith notify the defendants of their indictment, and would ba ready to force extradition in each casa where the individual concerned is not willing to face trial. The Defendants The defendants, as named, follow: Corporations—The National Packing company, Armour & Co., Swift & Co., Morris & Co., Hammond Packing com pany, G. H. Hammond & Co. Individuals—J. Ogden Armour, A. Watson Armour, Louis F. Swift, Ed ward F. Swift, Charles H. Swift, Ed ward Morris, Ira N. Morris, Arthur Meeker, Edward Tilden, L. A. Carton, Thomas E. Wilson, Thomas J. Con nors, F. A. Fowler, L. H. Heyman, James H. Rathgate, Jr., George J. Edw'arrls, Frederick B. Cooper, D. E. Hartwell, Henry B. Darlington, A. A. Fuller, Lemuel C. Patterson. Ira N. Morris sent a lawyer to Jersey City this week from Chicago to inform Prosecutor Garven that he had retired from the directorate of Morris & Co., but nevertheless he was indicted. Cooper is the New Jersey manager for Swift & Co.; Rathgate, Edwards, Hartwell, Darlington and Fuler are said to be officers and eastern agents of the National Packing company, while others named either are directors or officers of the National Packing company. Capiases for the arrest of all the de-_ fendants will be issued immediately, and the grand jurj- will resume its in vestigation on Wednesday. The indictment, which bristles in its arraignment of the men named, also refers to "divers others" as being re sponsible. These latter, however, aro not specified. The list of names, it will be seen, rep resents the backbone of the great pack ing industry of the country, containing as it does two Armours, three Swifts and two Morrises, most of them resi dents of Chicago. Their indictment brings to a climax the first concerted effort in the east to fix responsibility for the prevailing high price of food In this country. Jersey City, as a cold storage center. where the packing companies of tho west maintain vast warehouses in which thousands of pounds of meat and poultry are stored, proved a fruitful source of investigation. More than a month ago the inquiry by the grand Jury was started, cold storage plants were inspected, witnesses were examined. Today the Indictment was handed up in the supreme court before Justicea Blair and Caey. Big Men to Be Tried The proceedings were formal in the extreme, and there was nothing dra matic in the presentation of the docu ment that will mean the trial by jury of some of the must prominent men in the United Staes, charged in effect with cheating the public by manipulat ing the food supply through the medi um of cold storage. Of this alleged manipulation the in dictment charges that the defendants conspired "within the jurisdiction of this court, willfully, unlawfully and fe loniously devising, contriving and in tending for their unjust, excessive, im moral and unlawful profit and gain, to injure, defraud, prejudice, damage, cheat, impoverish and oppress the pub lic and the people by cornering and limiting the necessary and reasonabla supply of meats and poultry for con sumption by the public and the peopla of said city and said county, as to pro duce an artificial scarcity in the supply; of said meats and poultry, and to greatly, excessively and extortionately enhance the cost and price thereof." Charged with Fraud According to the indictment, an ille gal agreement to control prices was entered, into by the defendants as far back as March 1, 1908, when it is charged a meeting was held in Jersey City at which the defendants "will fully, unlawfully, fraudulently anl extortlonately" bound themselves to •maintain and exercise control over a monopoly of the meat and poultry sup ply, and to arbitrarily and unlawfully Increase the price of meat and poultry, and not to sell to the public meats and poultry except at exorbitant prices agreed upon." The indictment states that mere, driblets of the supply were put on the market at stated intervals, small quantities agreed upon by the defend ants, thus to curtail and restrict the supply "for the purpose of fictitiously, arbitrarily and unlawfully increasing prices to the public." No attempt is made to recite the loss alleged to have been sustained by the public at this alleged creation of artificial prices, but warehouses are held specifically to blame. By this means, it is charged, the defendants were successful in keeping off the market large quantities of meat and poultry which, if put upon the mar kets, would have been sufficient to meet a reasonable demand. Conspiracy Pact Alleged Significant relations between the Armour, Swift nnd Morris interests. (Continued on Pag* ' Xw»> '■■'-'