Coeur d'Alene evening press., November 16, 1908, Image 1

About Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929

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COEUR D'ALENE EVENING PRE
[OLUME 8, NUMBER 88
OOKUR D'ALENE, IDAHO. NONDAY, NOVEMBER 16, 1906
PRICE FIVE CENTS
ARD BLOW TO
TOBACCO TRUST
(pens |Door to Competition in All
Lines Controlled by Trusts
>AHO LAND
FRAUD CASES
[ecial Prosecutor From Wash
ington to Haro Chants of
Prosecution
|M09CPW, Idaho, Nov. 16—John
West and Iaham O. Smith, two
viston lawyers Indicted by the
jleral grand Jury about two years
lor conspiracy in the land fraud
?s against. Kester, Kettenbach,
Iyer and Robnett, also of Lewlo
), will demand trial at the term
the United States circuit court
|ich convenes In this city tomor
Payton Gordon, from Washington,
special assistant attorney ten
,1, will be here and have charge
| the government's side of these
Mr. Gordon has been sent out
this purpose upon the request of
United States attorney for Idaho.
|H. Llngenfelter. It is said the
]tter of trying these cases at this
will be discretionary with
Ige Dietrich. It is not known
[t move the government will make
j whether the special attorney
|eral will request further time or
Rumor has it that these cases
be set for trial for this term.
It was former register of the
rlston land office.
[mong the officials to arrive to
were United States Judge Dle
Ji, Marshal Hodgln, Clerk Rlch
on and Attorney Llngenfelter,
his two assistants from Boise,
W. Hasbrouck and 8. L. Tipton.
Deputy Marshals Brelmer and
plain, with Clerk John Jackson,
here are thirty live other crlml
Icases besides the land fraud Cas
io be disposed of this term. Most
them are Indian reservation llq
cases, one against a man and
^an from Wallace, charged with
Drtlng a girl for immoral pur
b, besides some important civil
SIEZE SLOT MACHINES.
let Judge Claps Lid Down at
Lewiston.
EWISTON, Nov. 16—Unable to
| In an election that had for its
ct the closing of this city the re
forces are now determined to
jto It that all state legislation
ast gambling, and with refer
to the general conduct of sa
ns Is enforced, and today re
[d an order from Judge Steele
[ting the confiscation by the oSl
ot all slot machines. Before,
[ver, the sheriff could proceed
various resorts and confiscate
machines, word preceded him to
proprietor* and he succeeded In
fig but few.
reform forces, are Jubilant
j their victory and express them
as determined to see to It that
lambllng law on the statute
Is strictly enforced, and all
legislation te the betterment
le community. While defeated
puring a council that would close
nn the saloons out of the city
eform forces did not lose hope,
are eagerly looking forward to
pme when they shall have again
[rlviiege of casting their ballots
question, and are confident
winning at the polls. In the
time they will direct their ef
i t0 a rigid enforcement of the
I laws which have for thetr aim
(iminatlon of all games of chance
[11 other matters that do not
elevate and uplift the com
1 saloon men are taking the
quietly, and are of the opin
at it la bat a short time when
iform movement will grew tired
battle, and the town be again
eted upon a free and ops*
NEW YORK, Nov. 16—The sweep
ing character of the recent decision
of the United State# circuit court In
declaring the American Tobacco
company to be a combination In re
straint of trade la attracting wide
spread attention in business circles
and among members of the legal
profession, who have given special
attention to the trust question, not
so much for its immediate effect on
the allied tobacco Interests, hut more
particularly for its scope and effect
upon all classes of industrial combi
nations engaged In interstate trade.
An appeal from this decision to
the United States supreme oourt is
now in active preparation and pro
cess by counsel in tue case.
There has been a aeries of Judi
cial Interpretations of the Sherman
act, both in the federal court and In
the United States supreme court, bat
the consensus of opinion Is that the
recent decision in the tobacco case
gives a definiteness and scope of In
terpretation far beyond any judicial
utterances heretofore made.
The full text of the decision, now
available, covering 44 large printed
pages, shows the far-reaching nature
of this latest exposition of the law.
It also discloses In the language of
the judges, the gradual development
of judicial Interpretation of the law
up to the present time. Judge Cox,
one of the concurring judges, stat
ing that "since the Knight case
(against the sugar refineries) the
tendency has been constantly toward
a wider scope of the statutes."
Free Play to Competition.
Judge Lacombe in his majority
opinion defines the statutes of the
law today as follows:
"Disregarding various dicta and
following the several propositions
which have been approve by succes
sive majority decisions of the su
preme court, this language (Sher
man act) is to be construed as pro
hibiting any contract or combination
whose direct effect Is to prevent the
free play of competition and thus
tend to deprive the country of the
services of any number of independ
ent dealers, however small. As
thus construed the statute la revo
lutionary. By this it Is not Intended
to Imply that the legislation Is In
correct. The act may be termed rev
olutionary because, In Its passage,
the court had recognised a restraint
of trade, which was. held not to be
unfair, but permissible, although it
operated In some measures to re
strain competition.
"By Infenslble degrees, under the
operation of many causes, business,
manufacturing and trading alike,
has more and more developed a ten
dency toward largei and larger ag
gregations of capital and more «x
tensive combinations of Individual
enterprise. It Is contended that un
der existing conditions In that way
only can production be Increased and
cheapened, new markets opened and
developed, stability In reasonable
prices secured and Industrial pro
gress assured. But every aggrega
tion of Individuals or corporations
formerly Independent Immediately
upon its formation terminates an ex
isting competition, whether or not
some other competition may subse
quently arise.
' Sine Not Made the Tent.
"The net ns above construed pro
hibits every contract or combine In
restraint of competition. Sise Is not
made the tent: the two ladlvldnnls
who have been driving rival expi
wagons between villages la two con
tiguous states who enter Into n «
bine to join forces and operate n sin
gle line restrain an existing compe
tition and It would seem to make lit
tle difference whether they make
sack combine more effective by form
ing a partnership or not.
"What benefits may have eo
from this combine or from oth
complained of It te not material to
inquire, aw need subsequent bust
((
UPUFT COUNTRY LIFE.
On Trip. ,
WASHINGTON, Nov. 16—Presi
dent Roosevelt's project tor the "up
lift" of the farmers and the 1m
vemeut of country life will re
ootve an Impetus from the meeting
« today and tomorrow of the
■bora of tbo "uplift" committee.
The "upllfters" have already spent
soma time Investigating rural oondl
is la the states south of Wash
ington and east of the Mississippi
river.
Tomorrow night the committee
will leave Washington for the South
want, their Itinerary Including stops
Tennessee, Texas, Arisons, nod
California. Both the northern and
southern states of the Rocky moun
tain group will be visited. Return
ing eastward, the "npltfters" will
hold hearings In nearly all the states
of the central went. The committee
will return for a final hearing to this
city on December 18.
Today the committee Is meeting
with the delegates to the thirteenth
annual meeting of the American As
sociation of Farmers' Institute Work
Some of tke leading agricul
tural authorities of the country are
In attendance at this convention and
they will probably be able to give
the "npltfters" some valuable polnt
. The sessions are being held at
the National hotel and will extend
through tomorrow. The Associa
tion of Agricultural Collages and Ex
periment stations will meet tomor
row, and the "uplift" commission
will then confer with the members
of that body.
CHINA DOWAGER
EMPRESS DIES
Prince Pen Yi Heir to Throne With
Prince Chun as Regent
PEKING, Nov, 16—Tsse Hsi An.
the dowager empress of China, auto
cratic head of the government, which
she directed without successful In
terference since 1861 and without
protest since 1881, died at 8 o'clock.
The announcement of the dowag
er empress' death was official and
followed closely upon the announce
ment that Kwaag hsu. the emperor
had died yaoterdaY* at 6 o'clock In
the afternoon, but It te believed that
the deaths occurred a considerable
time before that set down In the of
ficial statements.
An edict Issued at 6 o'clock this
morning placed upon the throne
Prince Pen YI, the S year old son
of Prince Chun, the regent of the
empire in accordance with a promise
given by the dowager empress given
soon after the marriage of Prince
Chan In 1601. An edict issued Fri
day made Prince Pen YI heir pre
sumptive.
Troops Ready to Quell Uprisings
The foreign legations were noti
fied by the foreign board of the
death of the emperor and the suc
cession of Prince Pea YI. Troops
have been in readiness for several
days 'to qusll any disorders that;
might arise on the death of Kwnng
Hsu.
Prince Chun, the regent, has or
dered the viceroys and governors to
take precautions for the continua
tion of the administration of the
provinces as heretofore and has or
dered 166 days of mourning.
Mounting for Throe Yearn.
The court will go Into mourning
for throe years. Peking already kas
beau greatly transformed. All red
objects have beau removed and blue
substituted. The people learned this
evening of the death of the dowager
empress and although tbo Chinese
are In no wins emotional they show
ed that they wars profoundly lm
preseed by the passing of their pow
ertal ruler. The foreigners la the
city are watching the strange eara
moutee with grant Interest. At the
pelaee elaborate rites are Mag ob
served. A fiood of edicts kas gone
of ».
BBQ BOND ISSUE.
Rig Corporation in to Increase Bnsl
NEW YORK, Nov. 16—Believing
that an era of renewed prosperity
te on the way and that Increased
faculties will be needed to bundle
the business of the corporation, the
stockholders of the VlrgtnU-Cnroll
n* Chemical company will hold a
special meeting tomorrow tor the
purpose of ratifying the proposed
new bond issue of fifteen million
dollnrn.
Of the new bond Issue three mil
lion dollnrn te to be held la res erv e
tor three years. The remainder will
be disponed of at ones. The amount
of four and a half million dollars
will be used to retire outstanding
bonds Issued October 1. 1601, and
the balance, seven and a half mil
lion dollars, will be utilised for
working capital and general corpo
rate purposes.
8. T. Morgan, president of the
company, In a circa .ar to sharehold
ers. says in part:
"By reason of Its Insufficient work
ing capital and the desire not to
borrow for this purpose more than
te safe and prudent in times of
financial depression, the company has
been unable to derive the full bene
fit from Its properties or to do the
amount of buatnass that te open to
it In the fields now occupied and
elsewhere.
"Your board fools that the Issu
ance of the bonds will put the com
pany In a strong financial position
and will inure to the benefit of
both classes of stockholders."
000 years ago marked the passing
of the emperor and empress dow
ager. They died alone and unattend
ed, although surrounded by circle#
of abject spectators who remained a
rod distant, aa, on account of the
sacred persons of thetr majesties,
they could not be approached. The
emperor died as he and lived, with
out ministration of whatever kind
or scientific aid. For months he had
refused to permit the service of for
eign physicians and, although It was
stated that he bad gone back to the
old form of medical treatment. It is
believed that lately h« received no
treatment at all.
Prince Ctiua Regr .t of Empire
The government has given out
that the dowager e ipresa, In n lu
cid Interval on Friday last, received
Prince Ching, who 1s a Msnchu and
a member of the royal family, and
approved the edict declaring Prince
Pen YI heir presumptive and Prince
Chun regent of the empire. Prince
Chung was at the time of the Boxer
outbreak lord chamberlain of the
court and commander of the Peking
field forces. It was on him that
the foreign officials hang hopes of
the envoys. He had held many po
sitions and was high In Imperial fa
vor.
That the dowager empress took
this step Is discredited. Neverthe
less. she te believed to have success
fully established the Chan regime,
which te the Manchu regime, with
out obstacle and the opinion te held
that the solution of the dlffcultlcs
which have confronted the govern
ment te the beet ponsible.
Until word of tho death te spreat
broadcast no disorders arS appro
beaded. China te quieter now than
any tlms since 1606. Local dteor
dan In the south am possible on aay
pretext, bat the north te snore In
clined to pease. There are few signs
of antagonism to foreigners, and
there Is no manner of doubt that
Prises Chan wUI be nbla to meet the
situation. He te recognised os thor
oughly progressive end te the meat
acesptabla that could have bees cbos
mi to those MOSt disposed to OSttSO
trouble, the reformers. Antagonism
on the part of the conservatives and
svau aa tasarractlouary mov em ent te
(Coutinusd aa pace t.)
BULLET REMOVED
HENEY LIVES
Ruef in Danger of Death, Asks for
Change of Venue,
BAN FRANCISCO, Nov. 16—De
tective Burns, who declared after
the attempted assassination of Fran
cis Heaey by Haaas that the attempt
was mads la pursuance to a plot en
tered into between the would be as
sassin sad "higher ups," la today pre
paring to stir ap a hornet's neat la
the police circles hare by filing
charges agaiast Guards Kelly sad
Attrtdge, who war# an watch when
Haas committed suicide.
it 1s the claim mads by Baras that
the suicide of Haas was mads suc
cessful by reason of tho negligence
of the guards la watch lag him, and
the poile* o Hears la search lag either
Haas, or those who came to visit him
during hla Incarceration. Burns
after the arrest requested to be per
mitted to aee him, but was refused
admission mnd ha desires to have the
police explain their action la this re
spect. He atatae that the outcome
of the whole matter wUI be a forced
explanation from Chief or Police
Biggey as to hte authority In making
the statement that the attempted
assassination was not the result of
a plot which had that and la view.
Burns te confidant that It was the
outcome of a plot, »nd bust destrsa
the Chief of Poltoe to glva hla rea
sons for knowing that It was not.
Chief of Police Biggey te endeav
oring to shift the responsibility for
the suicide of Haas. Ha Insists that
Haas when arrested, carried a gun.
and that ha had one aa hte person
when taken to the jaO, sad that
Captain Duka failed to search him
closely. Duka on the other head
denies this story, and states that ha
gave Haas the cloaest kind of a
search. The theory waa originally
advanced that Haas shot himself
with a small derlnger pistol, and
thnt ha had It concealed In hte shoes
but this theory te too Improbable,
end it te not accepted by many.
Burn* made the statement today
that he te satisfied that the weapon
with which Haas ended hte Ufa was
paaaed through to him while in Jell
by hte wife. During hla incarcera
tion, the wife waa permitted to visit
him, but the police contend that
every precaution waa taken In the
way of searching her, sad also that
a guard waa near during all the time
she was conversing with bar hus
band. '
Ballet Removed.
The bullet In Honey's neck was re
moved today,by the surgeons, and
the operation waa entirely success
ful. Dr. WUiaca Try. chief of the
emergency servl a conducted the
operation. The suceeasf I removal of
the bullet baa cauaed a feeling of
general relief. Haney'a oondltion
te much Improved, and this forenoon
at 11 o'clock ha bald a lengthy con
ference with District Attorney Laag
don.
Ruef Wests Change of Vosm
The trial of the ease of Bust was
resumed this morning, end the first
matter presented for tke considera
tion of Judge Lawlor was a petition
for a change of venue by the defend'
ant. The court room waa crowded
to Its utmost capacity at the opening
hour with Interested spectators, sad
curiosity seekers. Judge Lawlor
had ordered every precaution to
taken upon resumption of court sad
the court room waa crowded with
guards. Bari entered with hte at
torneys sad waa aurroeaded by
heavy guard. Aa ha eutered the court
room proper which te railed off by a
heavy fence from that portion oeca
Mad by the spectators be looked
straight ahead, sad when the court
had adjourned, and ha returned to
the Jail ha was accompanied by
guard of nine detect!vaa
HeaTs life to Dsagcr.
The defendant's attorney asked for
a change of venae oa the ground of
the fierce prejudice existing agaiast
b#cEiM of attempts
ssaslnation of Heaey. Tho affidavits
filed by thorn era volnmlaloua, and
«
l an Pago 6.)
TAFT TO CALL
SPECIAL SESSION
Cobybm CongPbgg Soon After
March 4 to Consider Tariff
Revision Legislation
WASHINGTON, Nov. 16—That a
spoaial session of the flat congress
will be called soon after the 4th at
March to taka up the matter of the
tariff revision became positively
known today, whan WUUam H. Taft,
president-elect, after spending the
day at the White House aa guest of
President Roosevelt, stated that ha
Intended to call the apodal •aaatoa
to meat as soon after hla Inaugura
tion as would ha reasonable.
Judge Taft left gt 7:60 this even
ing for Cincinnati, where ha had
been anmmondad on matters of fam
ily importance, but which ha assured
the newspaper man who gathered at
the White Houaa waa la no manner
connected with polities.
The day proved to be a buy one
for the presldeat-eioet. Ha spent
the night gt the White Hones as the
president's guest and breakfasted
with the family. Daring the fore
noon the president and the president
elect dlacncaad matters pertaining to
the coming administration. No an
nouncement was made aa to the
point of the dlscn*sion. bat Judge
Taft admitted It waa not weather.
About 16:46 o'clock Jndgo Taft
emerged from tho White Boom to
attend aerrioee at the Unitarian
church, hte usual place of worahlp
m la Washington. Five mtautee
afterward President Roosevelt start
tor the Dutch Reform church.
Judge Taft ant In a paw near the
entrance to hla church and after the
rices held a taw min'*tea' recep
tion with fallow members. . On hla
way to the White Noses ha mat As
sociate Justice William H. Moody, of
tho supreme court of tho United
States, who walked with him to the
executive maaeioiT.
Polities was d i s co es ed at luachaoa
at which Secretary Root oad Repre
sentative Longwovth ware also tho
prealdeat's guests. Ambeasadsr Hen
ry White, of Faria, Postmaster Gen
eral Meyer and Beak man Wlathrop
assistant secretary of too treasury,
>ppad In daring toe afternoon to
pay their respects.
Following toe various conferences
of the day Judge Taft talked freely
about bis plane for too Immediate
future. After spending two or tores
day* in Cincinnati, ha aald, ha again
would join Mrs. Taft at Hot Springs.
In reply to a question ha aald
that toe senatorial situation In Ohio
waa not taking him there, aa ha
did not Intend to attempt to later
fere with the choice of a senator
there or in aay fthet state. Ha ex
pressed hte pleasure that the election
In Cuba had bean held without Any
disturbances sad added that ho had
sot anticipated aay trouble.
While on the subject of 1 sealer
govern meats a Filipino newspaper
ssaa asked toe president-elect If ha
had any message for hte people.
"Nothing other than to say that
If personal Inclinations ware to con
trol me 1 would Sad more pleasure
la what I do for them than In aay
other Ilea."
"Free Trade so Everythin*."
When his attention wee called te
toe bearings now being held by the
ways end means committee of too
house, looking toward n revision of
toe tariff, he aald that now Is the
time for the Interests that have
base asking for n revision to come
forward and produce thetr argu
ments. He was asked If ka had no
ticed the reference by democrats on
the committee to kte views la regard
to the tariff oa products of tbo
Philippines.
"Yea, but the remarks were not
frightening or novel," ha replied.
r.)