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The Marion daily mirror. (Marion, Ohio) 1892-1912, January 03, 1907, Image 1

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Marion Daily Mirror.
'( ' --.p
Cincinnati Superior Court
' of the law, Raising the S;-Tnx to
$1,000, Cannot be Attacked.
The Decision not Only Applies
Establishes Validity of All Other Laws Which Might
be Attacked on the Grounds of Mental Condition
oflhe Late Governor Pattison Records in
the Governor's Office are Complete and
Cannot be Attacked.
Cincinnati, .Jan. 3A Tho Alljln
Jaw, which was passed at the latest
session of the Ohio legislature, was
declared valid In a decision handed
down In the superior court' hero
Woncsday. The case will be appealed
to the supremo couit of the state.
The law raises) the liquor tux from
$cro to $1000.
This was the mosi Important case
pending in the state of Ohio, for on
the fate of this hill depended the con
tingency cf the legislature being
called In extra session to enact scorpii
of bills, which were In the same
situation as the Alkln law.
, The main point depended on by the
Interests which desired tojiave the
hill declared invalid, was a claim that
the Into Oovernor Pattison was not
in a condition .of health to know
the contents of the bill when It was
taken to the gubernatorial residence
by Senator L. D. Houck, his private
secretary, and that consequently, It
did not cofe. "within that provision
of the law, "which says the state'
Fraud Order is Sought byCotton Growe&ithe Grounds
, That it is a Gambling Concern Poitnwitr General
'"' Cortelyou is Asked to Take ActionSfAiyst the
New York ExchangT"1
Washington, Jan. 3. Charging
that tho Now York cotton exchnngo la
a purely speculative and gambling
exchnngo iitd has bct.i guilty of many
frauds, Jlopresentatlve Livingston,
of Georgia, representing tho cotton
Krowors of tho south nnd Haivlo
Jordan, president of tho Southern
4VCotfoil association, presented Io Post.
ijBa'rtor acHorul Cortelyou evldenco
aVlcfi thpy bellevo Is i-ufflclnt to
1i80 tho department to Issued a
'iaud order ngaliibt tho exchange. '
They urgo'that tho ejechango nnd
its members-be ,bnncd from the use
of tho United States malls, and ask
that tho posfofflco department make
nn nvestg(it!on.of th evidence which
tboy Buunitted "yesterday.
T)io postmaster general, after go.
ini overthe papers submitted to
hint, referred is callers to Judge
Gqoc'.wIiv oBslstnnt attorney general
tort tho nostoffloe department. It Is
likely that a ,)ioarlng on the charges
w(l bo hold hy Judge Godwin before
a determination of tho question Is
Following-, are the chnrges present
ed to Mr. Cortelyou:
1, Wo charge that New York
City "lias ceiised to bo a commercial
spoV cojton market and that the
Now Yorlc Cotton exchnngo, opcrat
JngMiuilor its present debased, and
fraudulent contracts, has developed
into a ptirely npeculatlvo or gambling
oxohango an, that the grades of cot
ion shipped to Now York and tend.
' cranio oh the contracts under tho
'rules of the Now York cotton cv
'olinngo' cannot be used for commer
cial splnplng purposes nnd thnt such
grades of cotton are used solely to
donresB the price of pplnnahlo grades
in tho Boiithi to further tho speeulat
,'tyo features of tho Now York cotton
ojfhankti to tho heavy detriment of
4 ho entire log(tmato cotton 4rado of
t)i'o. United States.
' ','2. That the exchange Is dally us--JnK
.t'10 United Slates malls for tho
lUtrppso of transmitting atyl advor.
-;r vi 7
rfil "
Hol jBPthe Validity
to the Aikin Law but Also
chief executivo shall have full knowl
edge of every bill which Is presented
to him for executive action.
Members of the Into Oovernor Pat.
tlson's family and his physicians woie
called to testify as to Ills physical
and nfontnl condition during the tlmo
when the Alkln bill wns In possession
of Ills secretary.
The decision Is based on the dec
trlnc that a legislative record, which
appears to be properly verified, can
not 'be attacked by parol evidence.
The court held:
"For obvious reasons of public
policy, It Is Incumbent on ono who
attacks the validity of a huv upon
the ground that the piopcr steps wero
not taken In Its passage, to show
this by legislative record. Under the
constitution, as amended, for partic
ipation of the governor necessary to
glvo validity to laws enacted by the
legislature Is legislative function to
the extent of bringing the official
record of this
Ithln the rule
of omnia
sumuntur (the
r .' v )?
ftsing their business to tho legitimate
cotton trade of the United States,
and wo chargo that said business Is
"3. That the nuotntlons sont out
dally on the debased contracts of file
New York cotton oxcha'gc excrciso a
predominating influence over the
lgltlmato cotton trade l Us great
'I. That New York clly has
rciuivl to bo a spot cotton market
for commercial spinnnhln grades or
cotton duo to 'the present debased
contracts of the Now York cotton
"5. That under )ie piesent de.
bai-ed and fraudulent rules of the
Now York exchnngo a largo nitmhc
of unsplnuablo low gindes of cO'.ton
nro tondcicd on tho contracts of sals!
exchange which aro not permitted un
der the nilcs of any other cotton ex
chnngo In the world anil wo affirm J
hat such rules are fraudulent.
"(i. We chargo further thnt tho
official dally quotations sent out
through tho United States malls by
tho officers and niomlicrs of tho Now
York cotton exchange to their cus-
toncs and others, both ax to 'fu.
tures' nnd 'spot' prlcpf aro frnudu.
lent, In that It neither represents tho
true nnd actual valuo of spot cotton.
"7. That out of tho advertised
stock of cottop at present steered In
tho warehouses of New York city,
aniountliWl.to-4U.j bales, fully 70.
000 haJejfwkSftptton Is of hitch
Inforlor ppwJiaj(. rondor tho stn
nlo unlltftfortliH' or manufactur
ing purpB. MWi
-we tNwfo
that you send
a reprusW'n ,
our department
to the vmrt
Now Yo-k city
and hnvr all,
ton stored thero
In order (o of.
charactor of tho
flclnlly tWH-
aikotablo grades
of cotton'.
In adcfkWii itflgMa formal charges,
many leJwf WMRWidavlts In sup.
por. of Hikjpfbmlttcd to Post
master aeiier.i Cortelyou. Uopte
toi'tatlvo IJvliigs.ton urged prompt
nnd declHlvo action in tho matter
and Mr. Cortij
lyou Enid tho charges
would bo g.lvq
1 attention by the de-
nets arc presumed to be right) which
applied with the strongest pn.slble
loreo to legislative records.
"'J ne records here presented affirm,
ntlvely show compliance with the
constitution and the law passed pur.
Huant thereto and Imparts absolute
verity. The burden of proof to show
Invalidity has not been sustained In
this cae and cannot be sustained by
paiol testimony."
After quoting from tbe supreme
court decision that a statute Van not
be attacked by evldenre, the superior
caurt says In lis decision:
"Not only do wo regard these
views as cont oiling, but they com
mend themselves io our judgment
as based upon the soundest principles
of reason and public necessity.
"It follows," continues the court,
"that the objection to the introduction
of the parol testimony offered by the
plaintiffs must bo declared as sus
tained and judgment rendered for
defendnnt. dismissing' (ho petition,
and It Is i-o ordered."
The case will bo at once taken to
the supreme court.
The, plalutllT is licrnnrd Wrede, a
saloonkeeper of Conclnnatl, who
sought to enjoin the collection of the
Increased tax. Hy consent of all
concerned, this was regarded as a
test case.
Depositions were taken by the
plaintiff's counsel in an effort to
show that Governor PattUon wa3 In
such a condition of hcatlb that tlio
Alkln bill nrd the long list of bills
which followed It to the residence of
the governor were not submitted to
him and that he could not have been
aware of tholr contents, consequently
not only vas the bill directly con-
loerned In this case a nullity, lint that
every law made since that bill was
presented was void.
! O $ i tit 0 S ,
St. Petersburg, Jan. 3.
Major General Vonderlaun
itz perfect of police and
tho practical dicator in
St. Petersburg, was shot
and killed tcday, while
driving through tlio city.
"a ' "a a ( "1,1
Stotiheiiville, O., Jan. ;i. John
Taylorxui, a miner, was killed h.v nn
clectiic current nt the Ohio ami
I'cnnsylvaiiia Coal company luiiio nt
AnWlcrdam today. Mike Ifnliilz was
killed 011 the IjiiUc Krio and Westein
railioatl M Piney Kcik last niht.
C " '
. -:r wMztf25v
Chicago, .Ian. .1. Four men said to
bo members of the linkers' union
have been arrested on the charge of
putting acid on hundreds of loaves of
bread distributed among the Jewish
lesldcntH of the West !ldo.
A strike 's-jfln pi ogress at a local
bakery, and JjKIs claimed that Mrlko
syinpathlzersjKWiew the add, also
Iodoform, oirXagoii loads of Inead
and rolls nftorfthoy had left the link,
cry. Police have confiscated many
baskets or poisoned bread and are
holding themfor evidence. In the
pockets of tho' four men arrested
were found hoi ties of carbolic acid
and packages 'of powdered Iodoform.
Washington, Jan. :, President
Roosevelt has, Voeolvod a letter from
the Miltan of Morocco expressing grat
itude for tlio appoint meal of Samuel
U. Cummers njF Amo-lcan minister
to .Morocco. u
The sultan addresses the president
as "The Ilelovorl,' tbe .Most Cherished,
tlio Most araillous Friend, Most
Honored and Kxrcllont President of
tho Republic offflic United Slates or
America who ItC the pillar of Its
great Influonco'f nnd the director or
Its most Important affairs, the most
celebrated preserver of the ties of
true frlendshlptho faithful Irlond.
iheodore lloosovpjt."
Has Been pronounced Upon
57,500 Persons by a
NeWiYork Man
New York, jn 3ixactly,rl7..,,
death In tho Uplted Stntei. They aio
boitily awaiting their end which
may come at any minute which sine,
ly will cotuc before tho year Is out.
13vcry week over 1,100 persons will'
die by violence. It may be In a
railroad wreck, an elevator accident,
tiolley car smash explosion, flic or
any of tho thousand and one terrible
forms that death may assume but It
Is coming."
So said Row .Toslah Strong, pres
ident of tho American Institute of
social Service, yesterday In view of
the dUaslor at Alta Vlstn, Kb., on
tho C. 11. I. & P. railroad, In which
more than tlfty persons wore killed.
Strou? who has mado n special
study of tho matter, pays especial at
tention to tho appalling list of cas
ualties on American railroads. lie
said more persons had been killed
on tho railroads of America In one
year than theie wero on both sides
of the lloer war In three yearn.
"And it got by UnoloVJoo like agreed
" '""-Hi'.
s f J&sfi , ' t ' ' . V
-rr-ih.' 'wl I .( Ml M LL-:!KXK V7N '
. m SJ&P Uft . SOO Xl&brS I
James J. Hill Says too Little
Regard is Paid to the Block
Systems by Railroads.
Wflihingtcm, (.hill. J. DihcuiiiL,'
tho icccnt leniblu wreck, duo to
disregard of Hie regulations of Hie
block avMe-.n, i member of tho cab
met told (lie lollowiug .story tdny:
"In N'cw Yiuk recently J met
.James .1. Hill. Ho dcp'lored the
conditions lesulting in so many di.
astcis and said: Hvcry time I under
take a railroad jouincy now I nl
unvs wonder wlicMier it is to be my
Li-I. It is n fact of knoiwledgc to
every railroad man in this day, thai
fiom two In tlncc trains enter at
time, into every block of every sys
tem in the country. Tlicic is dan
ger in it.
Judge Landis Says Eight of
the Bills Against Standard
of Illinois Must Stand.
Chicago, Jan. LI. Judge Landis,
of tho federal district court of
Northern Illinois, today sustained
eight of tlio indictments against the
Standard Oil eonmany of Illinois,
and dimi-ctl two.
Tdic iudict'.ueiits charge the cor
poration with receiving concession!
equivalent to rebates in the leinis
moii (if storage charges. Attornevs
f..i u .-ni; I'll. 111:. .ivin.
iforVhcjudofunso in tins i sectiu
1011 ai"-
wliicit tliu indict merits Avere relurued
wore annulled by the new rate law.
Tin, contention was overruled by
tjie decision.
The two indictments tliiown oui,
diil not negative Hie existence of a
lower joint through vato tlian tlio
ono alloyed. Trial of tho case, upon
tho oijij't indictments which wen"
sustained, will proceed at 01100.
lierlin, Jan. .'I. Groat interest
is manifested in thu hearing begun
at (iacsen, province of Poscn today,
of twenty-two prominent Pedes,
turning them llar.m Kosi-iolsky and
several other mdiles 011 the charge
of treasonable conspiracy, which
grow out of tlio mooting to, plitn a
Polish rebellion.
-Mahony In Washington Star,
If i
Young Ohioan Employed on Canal Conttrvction Says
"Graft" is Omnipresent on the'lsthmus and That it
will Take a Billion an-' a Half of Dollars to Com
plete Lie Big Ditch.
Findlay, O., Jan. r'l. -Oliver V.
.Sagcr, a Hancock imjuuI.v y.iuiii,'
man, who is cni)oyed sis engineer in
I lie ciinstruclioti of tlio Panama
Canal write, home Hint "graft" is
omtiiic.(ut on the isMunu-i and be
fore tlio I'nitcd States is llmmgli
with Uiiildiinr the "big ditcJi" Hie
cct will he fulK i hillimi and :i
half of dollais.
New President of the Pennsylvania Says He will Make no
Changes in Policy of Roadj Since the One Which has
Been Followed has Proven Very Successful.
Philadelphia, Jan. 2. James Mc
Crea, of Pittsburg, first vice presi
dent of tho Pennsylvania lines west
of PIttbburg who was elected presl.
dent of the Pennsylvania railroad,
to succed tho late A. J. Cas-att, has
authorized the following statement:
"Tbe policy of tho Pennsylvania
rallioad docs not depend upon any
one man. It continues unchanged
from year to year. It will be my pur
poses to promote, as best I can, the
same progressive development which
was conducted so" ably under presi
dent Cassatt andthp-hrcsident-.who'
preceded him.11
The meeting of the board was a
special one for the sole purpose of
electing a successor to Mr. Cassatt.
Mr. McCren had been selected to till
the vacancy at nn Informal meet
ing of all the dlioctors after tbe fun.
era I of Mr. Cassatt on Monday. At
that time It was decided to formally
meet today and ratify the selection.
The tlr-l official act of t!io new
president was an announcement Into
in the day that he would make nnv
changes In tho staff attached ro the
president's offico.
Inteastate Commerce Commission Makes Report to Presi
dent Roosevelt of its Work of Investigation of Condi
tions Relative to the Coal Famine in North-West-Alleged
Car Shortage Discussed at Length.
Washington, Jan. 23. -Tho causes,
but not the euro for the e-.ir shortago
In tho northwest and the con-cquont
coal famine In North Dakota, have
determined by tho members t)f the
Interstate commerce commission 1'ar
tlcipating In tho recent hearings at
Chicago and Mhuioaiiolls. Franklin
K. Lane, who served as chairman nl
tho Investigating commission, has
filed his report with the full com
mission nnd hont It to President
Roosevelt, who ordered tho Inquiry.
Ho finds:
"It Is a fair inference fiom nil the
testimony that tho real caubo of tho
coal scarcity In North Dakota was
such an abundance of westbound
traffic at tho bead of the lakes that
cars wero not available In tho con
gested state of that tormlual for the
carrying of coal to North Dakota
a comparatively short linul for a low
clas commodity." ,
In considering tho evidence taken,
l.ano says thnt a plan Ten a proposed
Norfolk, Yn., Jan. .'). A cosmo
politan baby show, in which every
nation will icpre.sonted, is lliu latest
project of the Jamestown exposition
managers. Hvery race, co.hu' and
clinic, from tho K.kimo kid to tho
embryo Wild Man of Borneo will
have ic'inesontntivos there and Pres
ident Roosevelt will be asked to act
as chief judge of the baby contest,
Wo declares that piiormou)
amounts nto expended for engines
which me never used, but lelt ex
pns"d to the elements, which .soon
leave tlii-m fit for nothing hut tho
junk pili. Soger predicts that as
soon as o.nlsiders who are not "in"
on the graft, make an investigation
tlio I'liitod Stales will lie startled
hy one ol I lie greatest scandals of
icccnt years.
The question of filling the vacan.
e-Ies. created by the elevation of Mr.
McCrea has been left to a committee
of the members of the board, who
will consult with Mr. McCrea ns to
hlrf wishes In the matter. Thq
men most mentioned for Mr. Mc
Crea's placo as flr-t vice president
of the Pennsylvania lines nre Joseph
Wood, of Pittsburg, second vice pies
Idcnt of the western lines, and Wil
liam W. Atterburj of Philadelphia,
general manager of the Pennsylvania
Railroad Co.
After 'ids election was 'announced,
McCrea remained In the offices of
the president for some time receiving
the congratulations of tho ofXIcero
and higher employe of the great cor.
poratfon. He will leave for Pittsburg
this afternoon to arrange personal af
fairs and matters of official business.
Ills election to tho presidency will
necessitate his removal with his
family to this city. President Mc
Cre.i Is a native of this city, and
although he 1i:h been a resident of
western Pennsylvania for manv
years, he Ins a wide circle of friends
heie, nnd Is popular.
car clearing house or a car pool
between connecting lines Is regarded
wltli much favor. The details of
such a plan have not been worked
out. Tho most generally advocated
letnody for the falluro of carriers to
furnish cars when demanded Is known
as the reciprocal car doniurrage.
This phrase means In n word that
cairlets shall bo penalized upon fail
ure to furnish cars demanded.
Tho need for odoltlonnl legislation
to reach tho scat of trouble Is shown
by the conclusion of the report
wherein It Is said:
"If tho Interstate commerce com.
mission Is to bo veted with power
to make inles under which railroads
shall bo icqulred upon penalty to
furnish cars to snippers, this com.
mission should nlso be empowered I
to mako ruleH under which freo Inter-
cbnnge of cars shall bo effected, or to
requlie railroads engaging In Inter
state commerce to mako such rules
for their own protection and provide
for their enforcement," "
Boston, Mass., Jau. II. Tho
American Horsy Bicedors' I'liblisti
ing company lanno,unccs Hint tho
next American hovo breeder futur
ity will ho open to trotting and
pacing 'juaics bred in 100(1, to he for
purses of $10,000; .f 7,000 for II year
old trotters and MOOO for party
ihilranco foe, $1.
jH'v ' :j
. 1' ,. JT

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