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The Salt Lake herald-Republican. (Salt Lake City, Utah) 1909-1918, April 05, 1910, Section One, Image 1

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THE METAL Classified advertising in
I 16 Silver 5Vfcc The Herald Republican Weather
finds buyers for the Today
Pages f Lead Copper per catli 100 Its 13o 450 HERAIZ = REPUBLICAN frtts Fair y
InterMountnln Republican QAI T 4 AVL tTV ItTAU TIIICflAV AFDII t lfllfl The Salt Lake Herald
Vol 11 No 37 SALT LAKE I CITY UTAH TUESDAY I APRIL i 5 1910 I I Price u r Cents 011fi9 No 37
Differences Between the Vati
can and Methodist Church
in Rome Responsible for
i Trouble With Col Roosevelt
Colonel Roosevelt Declines to
Promise Not to Visit Meth
odist Church and Begins In
cident That Agitates World
Rome April 4The determination
of Mr Roosevelt to forego an au
dience with Pope Pius X rather than
subscribe to the conditions imposed
b the Vatican has created a sensa
This unfortunate and unexpected
incident overshadows every other fea
ture of the distinguished Americans
visit to the Eternal city
Mr Roosevelt sought an audience
with the Pontiff through American
Ambassador leishmau and received a
reply that the Holy Father would be
delighted to receive him
The answer was coupled with an
expression of the hope that the au
dience would not be prevented by
such a regrettable incident as made
an audience for former Vice President
Fairbanks impossible
Mr Roosevelt In return said that he
could not accept a stipulattdn limiting
las freedom of conduct To the latter
message the Vatican made answer that
tne audience could not take place except
ing on too understanding first made
Known On March 29 Mr Roosevelt sent
to Ambassador Leishman the following
I ablegrain Proposed presentation Is of
tourae now impossible
Mr Roosevelt insists that the Incident
b e treated as purely personal and earn
stlj hopes it will not give rIse to any
bitterness He appreciates the attitude
of the Vatican but feels as a free
American citizen he cannot consistently
take any action that might be construed
us Involving a limitation of freedom of
I s personal conduct He
had mode
no en
gagement to address the Methodists or
other religious bodies of Rome but at
m same time he thinks he should not
snake promises as to what he will or will I
II t do
Incident is Closed
It would appear today that so far as
the Vatican and Mr Roosevelt are con
cerned the incident is closed The news
that the former President had abandoned
his proposed visit to the Vatican reached
tht morning papers very late but made
A very deep impression The Kessagero
an anticlerical organ alone comments
editorially on the matter
This paper says When the news was
ppread it was received with incredulity
maiy regarding It as a malicious fabri
cation of the enemies of the Cathoic
church but when confirmation came it
produced comment disastrous to the I
Vatican Men of every religion daily
visit the pope without first giving the
Itinerary of the churches which they In
tend to visit Why should the Vatican
require Mr Roosevelt to ignore the
churches of his own religion during his I
short stay in Rome The Incident will
not add to the diplomatic fame of the I
ppe advisers Mr Roosevelt as the
head of the great American republic fol I
lowed the principle enunciated by Premier
loUzzattl free church under a sovereign
st I
TheMessagero places the responsibility
for what it terms a blunder on the
popes entourngei and continuing For
It was a blunder to ask a certificate of
acceptability from a man illustrious
everywhere for his intelligence and the
robleness of his life The liberty which
Mr Roosevelt Is defending for all he
could not renounce for himself
After pointing out that a nonpossumus
Continued on Page Two
47 1 1
i t + 4 4
i t + S
1 k i
5 4j
I 4
+ 4
L + f j
T i k
I Former President is twice the guest of Italys ruler
Archbishop Ireland Says Ro
man Methojdist Mission
Vile and Dishonest
4 + 4 4 + + + H H + + + + H + + + + + +
+ St Paul April Archbishop Ire +
4 land after reading the report from +
+ Rome concerning the Roosevelt Vat +
+ can incident made the following 4
1 i statement to the Associated Press +
+ Of one thing I am certainthe +
1 Methodist propaganda in Rome Is so +
+ vile so calumnious In Its assaults on +
4 the Catholic faith so dishonest in its 4
+ methods to win proselytes that the f
+ holy father is compelled by the vital +
+ principles of his high office to avert f
+ at all cost the slightest movement on 4
+ his part that might directly or in f
+ directly be Interpreted as abetting + I
+ the propaganda or approving even 4 I
+ by Implication its purposes and tac 4 I
+ ties +
+ tiC3Since the Fairbanks incident I +
4 have received from Rome most roll f
+ able data that more than Justify any f
4 statement I have heretofore made +
+ or may at any other time be pre +
+ pared to make with regard to this +
4 Methodist propaganda Indeed the +
+ Methodist minister in Rome Rev +
4 Mr Tipple in his address the Sun +
4 day after the Fairbanks incident f
4 gave an allsufficient Indication of Its +
+ rarcorous spirit and of the egregious f
4 calumnies to which It resorts +
f How far Cardinal Merry del Val +
+ had reason to suspect from the +
4 movements of the Methodists them +
+ selves or otherwise that there was +
+ peril lest Mr Roosevelt might even +
+ unwittingly be entangled in their
+ meshes j am not in a position to 4
+ say 4
+ + 4 + + tq + t
Passing of George H Williams Last
Surviving Member of President
Grants Cabinet
Portland Ore April 4Judge
George H Williams attorney general
of the United States under President
Grant and the last surviving member
of the Grant cabinet died at his hQme
In this city last night in the first
month of his 88th year of life His
death was entirely unexpected and
came during the night his relatives
having no Intimation of his passing
until they went to awaken him at 730
oclock this morning
Judge Williams gave up active work
several years ago because of poor
health but his condition had not occa
sioned alarm He contracted a slight
cold a fow days ago but was able to I
Attend t theatre on Saturday was In
his usual spirits on Sunday and re
tired at his usual hour last night with
out showing any symptoms to warn
his family of his approaching end
Twentythree Bucket Shop People
I So Far Rounded Up By
Washington April Twentythree arrests of persons indicted in
connection with the operations of bucket shops in the District of Colum
bia last Saturday have been made by the department of justice Assur
ances have been given that two other defendants will be surrendered in
this jurisdiction tomorrow
Four persons yet remain to be appre
hended their names according to the de
partment of justice being William P
Lulls Edward S Beggs and Robert A
Guy at New Tork and Joseph Gaskins
a Baltimore The officials say they have
no doubt these persons will be arrested
Cincinnati April 4There were no dis
turbing signs in alleged bucket shop cir
cles In Cincinnati today The halfdozen
commission houses the one wire housa
aid the one straight bucket house that
does not depend on wires of any kind
except the ticker werE all busy and the
notoriety given them by the proposed
government expose did not seem to hurt
them in the leas
Early aU of the commission houses
wired outoftown concerns one in St
Xouls and the other in Pittsburg None
of the commission houses feared a raid
but they were all afraid their wire serv
ice would be cut off
Today a reassuring message was sent
to each commission house in the city
from St Louis notifying them the only
firms the government intended to attack
were those with offices In the District
of Columbia and that the St Louis and
Plttsburg houses were Immune
New York April Search was kept up
here today for several individuals indicted
In connection with the governments anti
bucket snop crusade Four of them wero
supposed to be in this city
The word went out semiofflcially that
Investigation of alleged bucket shop opera
tions here was by no means finished
Close watch was being kept It was said
for stock transactions of a doubtful char
acter and despite the difficulty of set
ting evidence of bucketing orders it
was believed that definite action was like
ly 1 to J velop shortly
Methodist Pastor in Rome in
Glee Over the Roosevelt
H M M 4 M M + H + M + + + + i 4 f + +
f Rome April 4The Rev Mr Tip +
4 pie pastor of the American Meth 4
+ odlst church in Rome atter being re +
f c lved by Mr Roosevelt issued a 4
4 statement expressing the greatest +
+ satisfaction that the exPresident did 4
+ not have an audience with the pope +
+ While the work of Methodism in +
4 Rome says the statement started 4
+ the rumpus it is no longer a ques 41
+ tlon of Methodism any other ism +
f but of toleration Mr Roosevelt has 4
+ struck a blow for twentieth centiny +
4 Christianity +
4 The representatives of two great +
4 republics have been the ones to put p
+ the Vatican where It bolonjsr Pres > f >
4 ident Loubet refused to accede to 4
4 Vatican conditions and now Mr +
4 Fairbanks and Mr Roosevelt come 4
t to maintain the dignity and Indepen +
4 dene of American manhood In the +
+ face of Vatican tyranny 4
4 The Vatican is incompatible with 4
4 republican principles This is a bit +
+ ter dose for patriotic Catholics in +
f America to swallow I wonder how +
f many doses of this sort they will f
4 take before they revolt IB Cathol +
4 Icism in America to be American or +
+ RomanUh If Romanish then every +
4 = patriotic American should rise to +
+ crush it for Roman Catholicism is +
4 the uncompromising foe of freedom +
4 After the Fairbanks episode the f
> Methodists never dreamed tho VatI +
I 4 can would commit a similar blunder +
+ with Mr Roosevelt That it has done +
4 so has added proof that the policy +
p prevailing there is the same yester +
4 day today and forever The Vatican +
4 Is the Vatican The world advances 4
+ but the Vatican never +
4 Americans can now better under + I
4 stand how it Is thp Roman church +
J has lost France and Is losing Spain 4
+ and Austria +
+ + + + + + + M MMt MM t t t MMM t t t M t
People of Both Ecuador and Peru
Greatly Excited and Conflict
is Probable
Guayaquil Ecuador April 4 Serious
antiPeruvian riots occurred during the
night Mobs attacked the Peruvian le
gation at Quito and the consulate here
tearing down the Peruvian colors and
dragging them in the dust Many Pe
ruvians were assaulted and their prop
erty to the value of 20000 destroyed
The rioters demanded war with Peru
Quick action by the government pre
vented further trouble Today the
streets are patrolled by the military
both here and at Quito
Lima Peru April 4Reports of at
tacks on the Peruvian consulate at
Guayaquil by Ecuadorian mobs have
caused intense agitation here and there
Is much war talk
The Peruvian association formed de
sires to have an adequate navy and
adopt resolutions for the purchase of a
Prof Richard Abegg Distinguished
Chemist Dead as Result of
Balloon Accident
Brestau Prussia April 4Prot
Richard Abegg a distinguished chemist
and professor of chemistry at the Uni
versity of Brestau was killed while at
tempting a landing following a balloon
flight yesterday
Professor Abegg who was fond of I
ballooning ascended here yesterday In
the balloon Silesla which belongs to
the Aeronautic society He was accom
panied by a woman relative and Karl
Gerstel an engineer Strong wind pur
rents were encountered and when the
balloon rnched tho vicinity of Tessin In
Mechlenburg Schwerin It was decided
dangerous to continue the flight Ac
cordingly the gas valve was opened
and the balloon dropped slowly to earth
Gerstel and the woman landedsafely
but before the professor could get out
of the basket a gust of wind caught
up the halfdeflated balloon bag and I
dragged the basket along the ground
for some distance Abeggs skull was
crushed and his legs broken He died I
soon afterward j
Col Roosevelt Talks for Near I I
ly an Hour With Ruler of I
Italy and Is Entertained at
Grand Dinner at Palace
Glittering Splendor and Pomp I
of Royalty Surrounds the
Visit of Former American j
President Capital of Italy i
i i
Rome April 4Twfce today Theo
lore Roosevelt was the guest of King I
llctor Emmanuel i
The Klnff received the exPrewlilent
nt an early hour at the
I quirlninl with I
particular warmth nnd they In Iked to
gether for nearly an hour
This evening there THIS a grand din i
ner at the palace given by the king I
and queen lu honor of Colonel Hoone
clt and his family I
Great prcparatlouH hn < I been going on i
for this event and the queen herself I
directed all the arrnngcnieniit desiring
no detail nhonld be neglected j
In all Mr Roosevelt had a strenuous
day After his meeting with the king he
visited the Pantheon where he was the
object of a popular demonstration He
lunched with Ambassador Leishman and
received the Italian Journalists In the aft
Tomorrow will be less busy In thfe
morning he will drive with the king and
will probably spend the afternoon
seeing He will be the guest of the Brit
ish ambassador at dinner In the even
The Vaticanincident which has aroujed
considerable bitter oomment in the news
papers Jps rnadg Mr 5Biitegpltthe sub
ject ol intd1hg popular InteresT and a
i crowd Is constantly before the hotel where
he is staying awaiting a chanoe to get
a glimpse of him
The exPresident and his party arrived
at tne entrance ef the Quirinial palace at
8 p m where the door of his carriage
was opened by the imposing figure of
the royal doorkeeper magnificent In scar
let livery with sword and baton and
cocked hat At the foot of the stair
case Count Tozzonl and Duke Cito mas
ters of ceremonies and Count Oulcciardini
gentleman in waiting to Queen Helena
and a relative of tho minister of for
eign affairs met the party and escorted
them up the steps which were decorated
with palms and flowering shrubs
Met by Sovereigns i
In the great hall of the Swiss they
were received by Count Gianotti prefect I
of the palace whose wife was Mifis Kin
ney of New York and by Countess Guic
ciardini lady in waiting to the queen
who took them through the great ball
room into a reception room hung with
priceless tapestries where they were
greeted by the sovereigns surrounded by
their military apd civil households
After a short conversation all the
guests including the American ambas
sador and Mrs Leishman and the staff
of the embassy adjourned to the private
dining room of the king a spivious hall
hung with modern tapestry and decorated
with Immense plants and flowers The
dinner was enlivened by the military band
in the gardens below
The queen had at her right Colonel
Roosevelt then Princess Helena of Ser
via Major J F Landis military attache
of the embassy Countess Gulcciardini
John W Garrett first secretary Prin
cess Palermo Kermit Roosevelt and Count
Tozzoni At her left sat Ambassador
Leishman Princess Vera of Montenegro
Commander Andrew T Long naval at
tache the Duchess GrazllocLante C S
Wilson second secretary and Count Gulc
At the right of the king sat Mrs Roose
velt the Marquis DI San Giuliano the
foreign minister Mrs Landis General
Brusall Miss Ethel Roosevelt Count
Brambilla ami Duke Clto commander of
the royal cuirassiers At the left of his
majesty were Mrs Leishman Count Gla
nottl Mrs Garrett Count Mattidli min
ister of the royal household and Princess
Ambassador Gives Lunch
Ambassador Leishmans lunch to Mr
Roosevelt Included as guests Premier
Luzzatia the Marquis DI San Gluliano
minister of foreign affairs Mayor Nathan
Count Gianotti prefect of the royal house
hold Signor BollaU a director general
of the foreign office the members of the
American embassy and several Amer
icans including l John G Coolidge of Bos
ton exminister to Nicaragua
Alter the lunch Mr Roosevelt received
Dr Carlos Manuel Cespedes the Cuban
minister who presented a message and
greetings of the Cuban government Ho
also received Dr Walling Clark head of
the Methodist organization In Italy and
Re Dr B M Tipple pastor of the
American Methodist church In Rome
A number of Italian Journalists called
on the exPresident this afternoon but
Mr Roosevelt declined to dlscuns the
Vatican Incident During the coiFse of
the conversation he spoke of the great
I change in Rome since he was here on
his honeymoon To a Swiss correspon
I dent he expressed regret that he would
I be unable to stop at Berne to see Pres
hint Comtesse
I I am greatly interested In Switzer
land said Mr Rooaevelt especially the
army and civil system The United States
has much to learq from the Swiss re
Mr Roosevelts mall Is enormous He
says with the best Intentions It is i im
posible for him jto answer the hundreds
of communications he is receiving
Goshen Ind April 4Blinded and
smothered by the heavy spray dashed
up from the trough between the tracks
of the Lake Shore railroad as a locomo
tive took water two young men who
were riding on the blind end of the
baggage car fell beneath the wheel
today and were killed They were Wal
ter Packer and August Walckleglr of
Clilcago April BurnsYantis an
Important cash corn house doing busi
ness on the board of trade here ap
plied for a receiver today
Arrangements All Completed for
Brilliant Wedding of Daughter
Of Senator George Sutherland
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I Daughter of Senator Sutherland who will marry New York man April 27
WASHINGTON April 4The marriage of Miss Edith Sutherland daughter
of Senator and Mrs George Sutherland of Utah to Mr Robert Elmore
of New York will be solemnized on April 27 The ceremony will be per
formed In St Margarets Episcopal church by the Rev Morgan Ashley of New
York Miss Sutherlands wedding party will include her fiances sister Miss
Alice Elmore Misses Eleanor Cullom Rldgly Frances Goldsborough Alice
Boutell and Virginia Beatty of Salt Lake Fielding Simmons will be bent man
The ushers will be Robert Halstead Jr Carris Crist Dr John Bristol and
Morris Parker of New York and Dr Charles Riley of Baltimore
Man Who Brought Bribery Charges
Against Senator Attds Follows
the Latter into Private Life
Albany N YM April 4Rising to a question of personal privilege in
the senate tonight Senator Benn Conger after reading a statement
in which he declared he fully realized that as a result of the Allds bri
bery charges his usefulness as a legislator was at an end handed his
resignation to Lieutenant Governor White a duplicate of which he later
filed with the secretary of state
With ashen face and trembling hands
he read while his fellow senators listened 1
with intense interest and when he had I
finished he sent his resignation to the
desk and quickly left the chamber
Mr Conger read how at a private con >
ference where the qualifications of ex
Senator Allds for the position of Repub
lican leader of the senate were being con
sidered he was asked to declare his posi
tion atfd I replied that I would not and
could not vote for him
Conger then related How later exSen
atorAllds on the floor t A the senate de
nied the truth of Congers statements and
demanded an Investigation
So he added the alternative was
presented to me of becoming a liar and
thereby remaining a member of this body
in good standing or of speaking the truth
and thereby materially Injuring myself
financiilly politically and socially and
bringing upon my family undesirable no
toriety and sorrow I determined the only
thing I could do and retain my own self
respect was to speak the truth whatever
the cost That I have done and forty of
your number by your votes havo certi
fied thereto
I did not seek to excuse nor do I ask
you or others to excuse the part which I
took in the transaction of 1901 which you
have under Investigation The one great
and sorrowful regret of my brother was
that ho had submitted to the demand of
tha worst gang of plunderers that ever
infested this or any other capital My
wrong and for it I hav always been
ashamed and sincerely sorry was In I
standing by and permitting the thing to
be u done instead of then and there de I
I nouncing u
I am informed some of your members
i profess to feel they cannot remain in the
senate j I if I am here
I I I have no desire to remain a member
of this great legislative body if my pres
I ence is to give offense to any of its mem
j bers I realize and from the beginning
have fully realized that with feeling here
as It Is my usefulness to my district as a
member of this legislature Is at an end
I cannot afford the expense of a further
hearing and another trial and I feel I
ought not to impose the expense thereof
on the state Needed legislation ought not
to be longer delayed and so I am going
voluntarily to surrender my office
Senator Cobbs resolution providing for
the appointment of a cqmmlttee to pre
pare charges against Conger Is vitiated
by his resignation
OIl p
Wealthy and Aged Arizona Man
Giddy With One Foot In Grave
Ml Paso Tex April 4Today It was
discovered that an aged man and a
young woman who had been stopping
at a hotel under an assumed name
wero John frcunlon a wealthy mine
owner and business min of Tucson
and Miss Marion Malarky a trained
nurse Both had disappeared some
months ago
Miss Malarky and Scanlon talked
freely to the hotel proprietor today
both declaring Scanlon had transferred
his property to the nurse and volun
tarn placed himself In her care
learning that Tucson parties were
about to have them arrested charging
Scanlon with insanity and the nurse
with kidnaping him they left hurried
ly 1 for Guadalajara tonight
Mysterious Death of Fred S Cone
Prominent California Mason and
Elk at Reno
Reno Nov April 4The swollen
and bruised body of Fred S Cone a
prominent Elk and Mason of Alameda
Cal and Interested In lands in this
state waS this morning found In the
Riverside mill ditch by Paul D Rob
erts manager of the Riverside Mill I
company The body was caught in
some rubbish in the ditch
Whether the man was murdered
committed suicide or fell into the ditch
by accident is not known at this time
but the probabilities are that he was
robbed and thrown into the ditch
There was a wound on his face Just
above his nose and his face was badly
I Leading of dlean < Moral Lives
j Is Urged Upon Members of
i Mormon Church by Those
I Who Addressed Conference
TwentyTwo Thousand Per
I sons Attend Two Sessions of
Conference and Overflow
Meetings Again Necessary
The Kecuud tIny n I the Beiiilnnuual
i conference of the Mormon church nD
heM under more favorable condition
liiliii clinrncterlzea the opening day
I lint the attendance could not have been
I greater than at nil of feunilayx ies
I NioiiM even though n cloudless Uy null
rlnlug temperature were enjojcd liT
the ttiouaauilit of conference visitors
Like on Sunday the morning and
afternoon MCSKIOIIB of the general con
ference hold lu the Tabernacle were
attended by congregation tihlcli taxed
the capacity ut the mammoth audi
torium nun overflow meetings in As
sciulil hull 11 ere again made jicces
From early morning iinlil lute last
night itliuu the HCKSiou of the priest
hood conference lulionriicd he Tern
pie grounds end the buildings con
tnlncil therein were a seething ma > a of
hlmluult all Urumi by the Important
I gathering ut the church
Yesterdays sessIons differed somewhat
I from those of Sunday In that the re
marks were along more spiritual lictx
slrean being laid upon the importune ut
I leading clean moral lives in 01 der to in
take of the virtue to be enJu ed In tic
I life to come The talks were nil oi a
wholesome nature brilliant speakers aa
tlresslnr the vt ooncoureee both morr
I log and afternoon At the concluaon u
1 the afternoon session of the general uu
terenoe adjournment was taken uiu < i
Wednesday morning no regular meHiiig
being set for toda Thus dom
> was i I >
enable the missionaries and mission wurk
ers to participate in the many SpP < Li
meetings and reunions which have bee a
set for today
Meeting of Priesthood
Last nlgb in the Tabernacle s stmial
meeting of the priesthood was held Th I 1
closing sessions will be held tomonow
when the greatest conference in the his
tory of the Mormon church will be
brought to an auspicious end That sum
ib the case is the unanimous verdict of
men who have participated in Keneiai I
conferences for many years and who are
well in a position to judge Greater at
tendances and a much greater degr e of
interest in the work of the church is PM I
denced on all sides and when the rou
ference is formally closed tomorrow mgi <
the people will return to their home
filled with a new spirit and greatly bene
fited by the talk and instructions hat
have been given by the gifted orators ana
church authorities from the stand of th
Tabernacle and in Assembly hall
Fully 12000 persons orowdfd Into tua
spacious Tabernacle yesterday afternoon
swelling the crowd for the day to full >
22000 persons A feature of esterdaj s
sessions was the conjoint singing by cnoii
and congregation of seeral h mns ha
thousands of voices swelling in sweet ac
claim to the tunes of sweet church hymn
and anthems Moat of tile addresses were
with reference to doctrinal teaching M > th
the one possible exception of an l
ing talk by Elder George F Richards
one of the twelve apostles of the church
who dwelt on the importance of properl
bringing up and educating children and
with especial reference to the rellgio la
training of the youth as conemplatpdj
by the Mormon church and which lsgrad <
oally being carried out
Like the previous meetings sesterdir
afternoons session was premdert over bvi
the head of Uw church President Joseph
F Smith The afternoonmeeting opfnrS
with the staging of Redeemer of Isra I
Our Only Delight by the choir and con
gregation followed by tlv invocation
asked by Hugh J Cannon Jr The ohi >
and congregation then Joined In Binfrin <
How Firm a Foundation Ye Saints oi
the Lord
Heb r j Grant saM the day wa the
Continued on Page Seven
Nebraska Law Declared Unconsti
tutional and Halt Called on
Arkansas Courts
Washington April 4Emphasizing the rights of railroads the Su
preme Court of the United States today declared unconstitutional the law
of Nebraska requiring railroads to build switches to all grain elevators
along their tracks upon request and called a halt on the attempt of the
state of Arkansas to penalize an interstate railroad for failure to supply
cars enough to accommodate interstate traffic
In announcing the opinion in the Ne
braska case Justice Holmes asserted
although the state possessed certain po
lice powers and railroads must fulfill the
purposes for which their charters were
granted yet railroads like other own
ers of property have rights protected by
the constitution lIe held their property
could not be taken without compensa
tion as lie said the law proposed to do
in requiring the railroads to build
switches to the elevators
Tho constitutionality of the Nebraska
statute WRH first attacked in the courts
of Nebraska The law was passedas a
result of agitation against the alleged
combination In the state between grain
dealers and the wners of elevators to
control the price of grain
Shortly after the passage ot the law
farmers in the vicinity of Manley web
a little town of 200 inhabitants dissatis
fied with the price offered by the own
ers of the two elevators en the Missouri
Pacific right of wily constructed their
own elevator but the railroad officials
refused to give them switching facilities
as required by the act of 1906
The state thereupon brought action to
recover the penalty Imposed by the stat
ute Judgment for 00 was awarded the
state From this an appeal was taken
to the supreme court
Justice Holmes In announcing the opin
ion of the supreme court held the law
However he said It was agreed that
the law had been Cli ended so as to give
the railroads compensation for the tak
ing of their property He had looked
at the statute as amended and found this
was so yet as the case before the court
originated before these amendments be
came effective the < decision of the Ne
braska courts must be reversed wtthot
ContUiued on Pag Two >

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