Willmar tribune. [volume], April 19, 1911, Image 2

About Willmar tribune. [volume] (Willmar, Minn.) 1895-1931

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Willmar Tribune.
By The Tribune Printing Co.
WILLMAR. MINN.
BRIEFNEWSNOTES
FORTHEBUSYMAN
MOST IMPORTANT EVENTS OF
THE PAST WEEK. TOLD IN
CONDEN8ED FORM.
ROUND ABOUT THE WORLD
Complete Review of Happening* of
Greatest Interest From All Parts of
the Globe—Latest Home and For*
elgn Items.
Washington
1
Minority Leader Mann has an
nounced the Republican assignments
to committees. Every leading pro
gressive or "insurgent" was given an
Important committee. The national
house elected the committees, both
Democratic and Republican members,
without change or objection.
Reciprocity with Canada and a
farmers* free list, It was decided at
the Democratic caucus, will be the
legislation taken up in the order
named by the present house of repre
sentatives. The woolen and cotton
schedules, according to present indi
cations, will follow.
The circumstantial story published
to the effect that the American troops
were assembled on the Mexican bor
der line because of the discovery by
Ambassador Wilson of an alleged se
cret treaty between Mexico and Japan,
Is denied most emphatically by mem
bers of congress who are in close
touch with President Taft on the Mex
ican situation.
'Domestic)
Dr. B. Clarke Hyde, convicted after
a sensational trial of the murder of
Col. Thomas H. Swope, a millionaire
philanthropist, was granted a new
trial by the Missouri supreme court,
sitting at Jefferson City. Doctor Hyde
has been in the county jail at Kansas
City nearly a year, following a sen
tence to life imprisonment.
Sam Lloyd, the well-known puzzle
expert, whose problems have interest
ed not alone the rising generation,
but others, died at his home in Brook
lyn from a stroke of apoplexy. He was
seventy years of age.
Men of his own flesh and blood
conceived and assisted in kidnaping
little Waldo Rogers, son of A. T.
Rogers, Jr., a prominent attorney, ac
cording to a confession made at East
lLas Vegas, N. M., by Joe Wiggins, an
ex-convict. Wiggins accuses Will and
Uohn Rogers, uncles of the kidnaped
boy, of having participated in the ab
duction. The men are under arrest.
The sum of $1,200,000 has been de
posited through fiscal agents in the
United States sub-treasury in New
York, by Duveen Bros., art dealers of
New York, London and Paris, In set
tlement of the government claims
against the firm for customs under
valuations.
Four new fangled 12-inch guns are
to be given a tryout on the big battle
ship Connecticut, flagship of the At
lantic fleet, which has just tied up at
the Brooklyn navy yard for overhaul
ing.
Rev. Dr. B. T. Turmick, chairman
of the evangelization board of the
New England Methodists, condemns
Philadelphia, San Francisco and Bos
ton as corrupt.
The fishing tug Eagle of Lorain,
O, was seized at Kingsville, Ont, on
a charge of Illegal fishing In Cana
dian waters.
9
Norman P. Curtis, instructor In
railway engineering at the University
of Wisconsin, committed suicide on
the university grounds by shooting.
Illness is said to have been the mo
tive.
Michael Smith Link, former mem
ber of the Illinois legislature, who
was one of the representatives in
volved by Charles A. White in his con
fession in the Lorimer election scan*
dal, was found dead in a bathtub at
his country home near Mitchell, 111.
His death was due to heart disease.
Lieut. H. E. Honeywell of the Mis
souri National Guard has started on a
balloon trip from San Antonio, Tex.
He and a companion hope to reach
Canada, establishing a world's record.
Isaac Harris and Max Blanck, pro
prietors of the Triangle Waist com
pany at New York city, were arrested
on Indictments charging manslaughter
in the first degree In connection with
the recent Washington place fire, in
which 142 lives were lost.
I John J. Daly, head of the wholesale
stamp department of the Chicago post
office, who stands accused of taking
$8,500 in government funds, walked
Into the federal building and gave
himself up. He was locked up In the
county jail.
I
Twenty lives were lost when the lit
tle wooden steamship Iroquois, plying
between Sidney, Vancouver island, and
the Islands of the Gulf of Georgia,
capsized soon after leaving Sidney,
B. C. Four passengers and seven
members of the crew were saved.
I In celebration of the fiftieth annl
versary of the founding of the Massa
chusetts Institute of Technology at
Boston, there was held at that school
a great symposluti of alumni on the
discoveries In scientlflo nuuiacement
of business affairs,.
In a fight between "moonshiners" or
Van Buren county, Tennessee, and a
posse led by a federal revenue officer,
one distiller was killed and two others
were hurt.
William Francis, a negro accused of
murdering Mary Henderson at Colum
bus, Mo., August 7, 1901, is reported
under arrest at Durham, N. C. A re
ward of $5,50Q was offered for his cap
ture nearly ten years ago.
Lulgo Usas, a convert from an
archism and a divinity student, is
dead In New York as a result of in
juries received in a street fight. Otto
Schaffer, a laborer, Is in the hands of
the police charged with the crime.
Bearing no visible scars except a
shattered rudder post, the North Ger
man Lloyd liner Prinzess Irene
slipped away from Fire island after
83 hours of imprisonment in the
sand and was towed by tugs to New
York.
In a speech at Spokane, Wash., Col.
Theodore Roosevelt declared he was
not an aspirant for any office, that
he had had everything and no man
ever had a better run for his money'
than he.
Eva Boves, a twenty-year-old girl,
at Los Angeles, stood beside the bed
side of her foster father, S. L. Dania,
who waB supposed to be dying, and
forced him to shot her three times,
to carry out a compact they had en
tered into to die together. Both are
probably fatally wounded.
*.
William McKenzie, held for dyna
miting the Lancaster (Tenn.) bank,
has been identified by detectives as a
notorious yeggman, William St Clair,
alias J. Montague, who is wanted
by the government and banks for
many robberies.
An Investigation of the New York
Anti-Saloon league will be conducted
by the Troy Methodist conference, as
a result of a declaration made in the
conference that the league is work
ing in the interest of the saloons and
has used its efforts to secure legisla
tion favorable to the liquor traffic.
Records of the first Kansas terri
torial court, which began in 1855 and
which were reported destroyed in the
fire that recently destroyed the Leav
enworth courthouse, were found in
tact in the ruins.
In deploring the fact that the civil
service did not go back to Civil war
times President Emeritus Charles W.
Eliot of Harvard university said that
President Lincoln's appointments to
office in 1S61 were shocking and that
Incompetent men held office under him
as a result
The Civil war pension list was at
tacked by Franklin MaoVeagh, secre
tary of the treasury, In an address
at the opening session of the fifteenth
annual meeting of the American Acad
emy of Political and Social Science in
Philadelphia when he advocated a
civil service pension for government
employes.
Personal
The National Association of Cotton
Manufacturers held a notable conven
tion in Boston.
Mrs. Kate Felton Elkins is willing
to lose a sum estimated at $1,000,000
for the sake of marrying again Ac
cording to the terms of her husband's
will she sacrifices a princely fortune
should she remarry. Her engagement
to William Delaware Neilson, a prom
inent attorney and society man of
Philadelphia Is announced.
More high life Is said to be in store
for Hetty Green. The little flat in
Hoboken will be closed May 1 and
Mrs. Green, it Is understood, will re
side with her son, Col. Edward H.
Green, at the Waldorf-Astoria hotel
In New York.
Tom L. Johnson, former mayor of
Cleveland and known throughout the
nation for his fight for three-cent
street car fares, died at Cleveland of
cirrhosis of the liver He had been
ill for over two years but had been
confined to his bed only since March
15. Mr. Johnson was at one time a
multimillionaire.
David W. Cromwell of New York
has loaned to the National museum at
Washington 20,000 varieties of stamps,
representing all nations that have
ever issued stamps.
Helen Gould ate dinner with sev
eral hundred members of the naval Y.
M. C. A. and shook hands with 2,000
members of the crews of the Louisi
ana and New Hampshire and other
ships in Hampton roads.
Foreign
Gen. Stanley Williams, the Amer
ican acting as a Mexican rebel lead
er, was killed and his force of Amer
icans dispersed In a battle with fed
erals south of Mexicall, lower Cali
fornia.
Mexican rebels are holding a num
ber of American women and children'
captive In a stockade at Alamo, Low
er California. The prisoners, at the
mercy of their captors, are said to
have suffered insults and indignities.
Protests have been made to Secretary
of State Knox and Senator Perkins,
chairman of the United States senate
committee on naval affairs.
K. Okura has given $500,000 to be
devoted, with a similar amount given
some time ago by the emperor, to the
relief of the poor and sick of Japan.
Members of the Republican party
opened an incipient revolt at Canlllas
de Aceituno In the province of Malaga,
Spain. After an attack on the bar
racks of the civil guard, which was
successful, the leaders of the move
ment proclaimed a republic In the
city. Five persons were wounded in
the fighting.
Two bundled,men, women and chll
dren were burned to death at Bom
"nay, India, In a fire which destroyed
thatched structure In which they has
aathersd for a festival
REBELS TAKE CITY, BUT STRAY
"BULLETS HIT AMERICAN
SIGHTSEERS.
YANKEES PUT STOP TO BATTLE
Two Dead, Several Wounded on This
Side of the Border—Troops Then
Cross Line and Call a
Halt.
Agua Prieta, Mexico. During a
battle which resulted in the capture of
this city by the rebels, commanded by
"Red" Lopez, American troops crossed
the border and stopped the fighting.
The action was taken after two had
been killed and several wounded in
Douglas and the continued firing was
endangering the lives of Americans on
United States territory. Douglas was
under constant fire three hours.
Agua Prieta is the terminal of the
Nacozari railroad into Sonora and is
the most important point on the bor
der between El Paso and the Pacific
ocean.
Story of the Battle.
Lopez captured the Nacozari train
on its southbound trip Wednesday and
held it near Frontier until when, with
his troops aboard, numbering 150, it
(.teamed back to Agua Prieta. Scarce
ly had the rebels detrained when the
firing began. The rebels deployed the
filing line up and down the Nacozari
railroad tracks from Agua Prieta sta
tion to the American customs house.
With the opening of the battle there
began a rush of American sightseers
from Douglas toward the international
line, the greater number passing at
the customs house. The rebels with
little rushes kept moving northward
toward the customs house until they
were within its shadows The cus
toms house is surrounded on three
sides facing Agua Pr'eta with a ver
anda, which was crowded with Ameri
cans and Mexicans from Douglas.
One rebel attempted to run from
the embankment to an adobe house a
few feet to the rear. He doubled up
in his tracks. Another followed drop
ping dead at the door. Another, los
ing heart, threw down his gun and
broke for the American line, only a
few feet away, when Lopdz leveled
his gun at the fugitive, fired and
brought him to earth. A faithtul dog
remained by this man's side through
out the battle.
On International Line.
The rebels swung up along the in
ternational line, taking possession of
the Mexican guardhouse, which the
federals had made then ammunition
magazine. A squad of 15 fought from
this shelter with Lope/ commanding.
This house is only 70 feet from the
line, where' hundreds of Americans
stood.
As the rebels swung around to this
flank it brought the federal fire from
Agua Prieta directly into the Araeti
can customs house. Telephone poles
were spattered, spots dug up in the
sand, but the sightseers, mad with en
thusiasm of the fight, stood their
ground.
Dickson, an American who was shot
through the thigh, had taken up a po
sition behind a little diit embankment
to the south of Nacozari station on
the Mexican side, with a station em
ploye Both waved their white hand
kei chiefs at a squad of federals, but
the sign of peace was answered by a
volley of shots, one of which struck
Dickson as he lay on the ground.
With another rush a squad of rebels
took possession of a second guard
house by the international monument,
where they hoisted their red, white
and green flag, as they had done at
the magazine.
On the tallest of the adobe build
ings, the commissarious headquarters,
stood two federal officers, calmly not
ing the rebel movement and directing
their own force. They drew the fire
of the rebel rifles unheeded, the Amer
icans cheering their bravery. Sud
denly one of them crumpled up and
fell A moment later the federal com
mander ordered his men out of the
Cuartel. Dynamite charges, placed in
the rear, were exploded and the whole
wall was blown out to give them an
exit.
DAILY MARKET REPORT3.
Twin City Markets.
Minneapolis, Apr. 14.—Wheat, May,
9514c July, 96%c No. 1 northern,
39i4c No. 2 northern, 96%c No. 1
aurum, 83%c No. 3 corn, 49c No.
3 white oats, 32c barley, malting,
$1.04 No. 2 rye, 86c No. 1 flax, $2.54.
Duluth, April 14. Wheat, May,
95%c July, 96&C No. 1 northern,
96%c.
South St. Paul, April 14.—Cattle
Steers, $4.25@4.75 cows, $3 00@4.00
calves, $4.00®6.00 hogs, $5.90@6 25
sheep, yearlings, $2.00@5.00.
Chicago Live Stock.
Chicago, April 14.—Cattle—Market
steady to 10c higher, beeves $5.20@
ti.75 western steers, $4.85@5.85
stockers and feeders, $4.10@5.80 cows
and heifers, $2.70@5.85 calves, $5.0(
@7.00.
Hogs—Market steady to 5c higher
light, $6.20@6 55 mixed, $6.05@6.50
heavy, $5.80@6 35 rough, $5 [e-mail]
good to choice heavy, $6 00@6 35, pigs
$6.15@6.50.
Sheep—Market weak to 10c lower
natives, $3 00@4 90 western, $3.75@
4.90 yearlings, $4.40@5.40, lambs, na
tive, $4.75@6.20.
GRAND JURY GETS PROMOTER3
Leaders in Muskogee Affair Charged
With Prize Fighting.
Muskogee, Oklahoma. Following
the riot at the "Knockout" Brown
Joe Gorman fight here, the grand jurj
Indicted Promoter Phil Brosseau, Ref
eree McCormick and Joe Gorman, or
the charge of prize fighting. Th«
county attorney, sheriff and city com
missioners say there will be no more
prize fighting in Muskogee.
St. Paul, April 8.—After a stormy
session the house friends of reappor
tionment failed to kill the Duxbury
Haycraft-Moonon Weiss senate bill
providing for the submission of a con
stitutional amendment limiting the
legislative representatives of any one
county to six senators. A motion to
indefinately postpone the bill lost by
a vote of 55 to 56. It was then placed
at the foot of general orders.
The bill had passed the senate by a
vote of 36 to, 24 and is considered a
blow at Governor Eberhart's plan to
secure the passage of a fair reappor
tionment bill. It is aimed at the cities
and if passed would disfranchise thou
sands of people.
Election Bill is Passed.
The senate passed one bill for direct
election of United States senators.
The bill was one providing for direct
election but strictly within party lines.
It simply pledged the candidates for
the legislature to vote for the candi
dates for United States senator receiv
ing the highest vote In the party pri
maries. That is, the majority party
in the legislature would be pledged to
vote for their party nominee.
The roll-call was as follows: Ayes—
Anderson, Bedford, Benson, Boyle,
Cashman, Clague, Coller, L. O. Cooke,
Dale, Denegre, Duea, Runn, Dwinnell,
Elwell, Foseen, Froshaug, Gunderson,
Gunn, Hackney, Hanson, Haycraft, V.
L. Johnson, Johnston, Klein, Lende,
Marden, Moonan, Murray, Nelson,
Odell, Olson, Pauly, Peterson, Pugh,
Putnam, Rockne, Saugstad, Stebbins,
G. H. Sullivan, Sunberg, Swanson,
Thoe, Wallace, Wilson. Total, 44.
Nays—Ahamun, Cheadle, C. F.
Cook, Donaldson, Duxbury, Glotzbach,
Handlan, C. D. Johnson, L'Herault,
McGrath, Poehler, Sageng, Schaller, J.
D. Sullivan, Van Hoven, Weis, Works.
No Direct Election in Minnesota.
St. Paul, April 12.—The lower house
killed the Murray bill, providing for
direct election of United Staes Senat
ors.
St. Paul, Apiil 12.—Superintendent
Whittier of the Red Wing Training
school was given a clean coat
of whitewash by the lower branch of
the legislature. By a vote of 53 to 30
the house cut out the heart of the ma
jority report of the legislative investi
gating committee which severely cen
sured the superintendent for his in
discriminate application of corporal
punishment and recommended his re
moval. The report as later adopted
simply contains the findings of the
committee without any recommenda
tion whatevei.
This action was taken in one of the
wildest scenes enacted at the present
session of the Minnesota lawmaking
body.
With the adoption of, the report as
amended the house went on record as
blaming the state board of control for
the conditions which exist at the Red
Wing Training school and also in favor
of corporal punishment. L. A. Lydiard
scathingly arraigned the board of con
trol for its lack of interest in the state
school in his opening address. He
spoke as follows:
Mr. Lydiard's Speech.
"This report shows that the spirit of
kindness and good will at Red Wing
has been replaced by the rule of the
cash. It shows that instead of recog
nizing the reform spirit of the institu
tion and instead of recognizing the fact
that modern thought has evolved anew
method of dealing with delinquent chil
dren. Armed with a whip, the present
superintendent of this institution has
gone about among these unfortunates
as the incarnation of the spirit of fear.
Fastened to a machine or appliance,
hands shackled, backs bared, these
boys have received 10, 20, 30 and as
many as 100 lashes.
"The superintendent is recommended
for removal. His assistants must go,
but fixing the blame upon these men
alone is a mere subterfuge.
"Mr. Speaker and gentlemen of the
house, the shame of Red Wing is not
the asset of a mere subordinate. The
members of the state board of control
are responsible for that condition, and
the sentiment of this state should de
mand the resignation of the members
of that board, save one."
Motion is Made.
R. C. Dunn moved that the entire
section ufe stricken from the report
and that it then be adopted. This was
the bone of the contention. Section
declared superintendent's admission
that he could not run the training
school without corporal punishment
and recommended that he should be
removed as well as several subordinate
officers. R. C. Dunn defended the
superintendent.
"We have been hearing too much
of this hysterical gush from kind
hearted men and women of this state.'"
declared the gentleman from Mille
Lacs. "The conditions at Red Wing
have been grossly exaggerated. Supt.
REPUBLIC PROCLAIMED.
Spain's King Has Another Inclpent
Revolution.
Madrid, Spain. A republic has
been proclaimed at Canillas de Acel
tune, in the province of Malaga. The
populace of the town lebelled against
the royal authority and attacked the
barracks of the civil guard.
Several persons were wounded in
the fifhting that followed. Reinforce
ments of troops are being hurried to
the scene.
College Man a Suicide.
Madison, Wis. Norman Curtis,
aged thirty-five, an instructor in rail
way engineering at the University of
Wisconsin, committed suicide on the
university grounds. He had not been
in good health for a year
Postal Official Surrenders.
Chicago, Illinois. John J. Daly,
head of the wholesale stamp depart
ment of the Chicago postoffice, ac
cused of taking $8,500 in government
funds, walked into the federal build
ing and surrendered.
Minnesota Legislature
Proceedings at the Minnesota State Capitol for the
Past Week.
Whittier in my estimate is a worthy
man and a perfect gentleman. His
methods may not have been absolutely
correct, but he has been the victim of
circumstances.
"Many people seem to think that
the boys who go to Red Wing are
angels. They are bad and that is the
reason why they are sent there. Supt.
Whittier has been crltized for admin
istering corparal punishment. I be
lieve in corporal punisment when ft
come to dealing with boys of the
class at Red Wing."
W. F. Kunze of Minneapolis in the
strongest speech of the evening de
fended the superintendent of the Red
Wing school declaring him to be a
capable man. He upheld corporal pun
ishment and produced telegrams and
letters from other training schools
through the country to show that cor
poral punishment has been successful
ly used. He charged that there was
a political scheme behind the Red
Wing investigation.
Millions Appropriated by Senate.
Just to show how easy it was to do
business when they had their minds
made up, the Minnesota legislature
passer the omnibus appropriations
bill, disposing of about $16,000,000 In
the senate in less than one hour.
Only one argument was precipitat
ed in the senate and that was over an
item of $1,000. It wasn't the money
Involved that started that argument,
but a desire to deal a crushing blow
to Dr. Bracken, secretary of the state
health department, that caused it.
Through the entire session, many
senators have expressed their disap
proval of Dr. Bracken's methods, and
this feeling culminated in the adop
tion of Senator Moonan's amendment
to the appropriations bill cutting Dr.
Bracken's salary from $5,000 a year
to $4,000.
Senator Hackney said that many
members had favored giving the state
fair an agricultural building and the
state university more buildings, but
that perfect harmony had prevailed in
committee and he commented on the
wonderful unanimity that was shown
by .the senate in passing practically
without an amendment an approgria
tions bill that necessarily failed to
give many senators what they thought
they were entitled to and what their
districts were interested in.
Few Salary Cuts Made.
After a slight application of the
pruning knift the house passed the
omnibus bill. The bill provinding for
state institutions under the board of
control was left practically intact. A
few cuts in salaries were made on the
state department bill.
W. T. Stone of Park Rapids, posing
as the watchdog of the state treas
ury, offered nearly 20 amendments,
striking out sections where salary in
creases were allowed for state officials.
He succeeded in only two instances.
The house refused a $250 increase for
the deputy state auditor and an in
crease of $1,000 for the actuary in the
state insurance department.
Dr. Stone offered several amend
ments which would have practically
cut off the appropriation for the state
board of health. In each case the
amendment was defeated.
Andrew Anderson of Stillwater suc
ceeded amending the section gov
erning the $325,000 appropriation for
the state university. The bill provided
for an annual appropriation of this
amount. The Anderson amendment
provided for the appropriation only for
the next two years. W. F. Kunze, W.
D. Washburn and L. C. Spooner fa
vored the standing appropriation on
the ground that the board of regents in
planning the future of the state uni
versity should know the amount of
money that it will receive from year
to year. Country members declared
that it would be just as well to allow
the legislature to make the appropria
tion every two years. The amendment
was passed by a vote of 57 to 32.
Senator Hanson's malt bill prohibit"
Ing the sale of malt liquor except in
saloons passed the house by a vote of
98 to 13 and now awaits the gover
nor's signature to complete its en
actment into a law.
R. C. Dunn's bill prohibiting the li
censing of saloons outside of an in*
cornorated city, village or hamlet,
passed by a vote of 67 to 47.
The house passed the Lende bill
giving a right of action for damages
to people injured as the result of the
unlawful sale of liquor, and the Hoff
man bill placing a license of $150 a
year on district and county agents of
breweries.
Equal Tax Rate Bill Passes.
After a spirited debate the bill call
ing for an equal tax rate in every part
of the state was passed by a vote of
38 to 11. As finally amended the bill
called for the basis of taxation to be
33 1-3 per cent on the actual valua
tion. Senator Wallace, of Minneapo
lis, was the author of the bill.
SUICIDE IS VERDICT.
In the Case of the Death of Cralgs
Lippincott
Philadelphia, Penn. —A coroner's
jury, empaneled to inquire into the
death on Thursday of Craige Lippin
cott, president of the J. B. Lippincott
Company, publishers, rendered a ver
dict of suicide. The inquest was
brief. Members of the family were
not called as witnesses, instead their
sworn depositions were read and ac
cepted by the coroner.
CANTON IN STATE OF SIEGE.
Tartar General Victim of Assasins
Troops Hurried the City.
London, Eng. A special difr
patch to the Daily Express from its
Hongkong correspondent says that
serious rising is reported to have tah
en place at Canton. It is stated thai
the Tartar general commanding tht
government troops has been murdered
and that other troops have been feu*
ried to the city, which Is practically tt
a state of siege.
FEDERAL COURT DECISION HOLD8
TWO-CENT FARE NULL
AND VOID.
ALSO FREIGHT RATE RULINGS
Minnesota Commission's Merchandise
Tariffs Also Knocked O
Case to Be Ap
pealed.
St. Paul.—Judge Walter H. San
born, senior United States circuit
judge, Eighth judicial circuit, in an
exhaustive opinion decided the Min
nesota rate cases against the mem
bers of the Minnesota state railway
commission on the grounds that the
necessary effect of the reductions or
dered was substantially to burden and
directly to regulate interstate com
merce, to create unjust discrimina
tions between localities in Minnesota
and those in adjoining states in viola
tion of the commercial clause of the
constitution and to take the proper
ties of the railroad companies with
out just compensation in violation of
the fourteenth amendment to the con
stitution.
The suits were brought by stock
holders of the Northern Pacific Rail
way Company, Great Northern Rail
way Company, and the Minneapolis &
St. Louis Railway Company, against
these companies, the attorney-general
and the members of the railway and
warehouse commission of Minnesota
to enjoin the reduction of the passen
ger rates in Minnesota from three
cents to two cents a mile, the mer
chandise rates 20 to 25 per cent and
the commodity rates 7.37 per cent.
Support Master's Decision.
The railroad companies had put in
to effect all these reductions, except
that on commodity rates, and the cases
were commenced and tried after the
effect of these reductions had became
provable. Full proof of the facts of
the cases was made through many
months before Charles E. Otis, special
master, who reported the facts and
and enjoin the enforcement of the
stockholders.
Judge Sanborn rendered decrees
which affirm the report of the master
and enjoin the enforcements of the
reductions after June 1, 1911.
No sooner were Judge Sanborn's de
cision sustaining the findings of Spe
cial Master in Chancery Otis and de
ciding flatly against the contention of
the state in the rates cases than plans
were commenced immediately to carry
the case to the supreme court.
Former Attorney General Edward T.
Young and E. S. Durment, special at
torneys for the state in the proceed
ings, held a conference in the office
of Mr. Durment.
"The state's contention," said Mr.
Young, "is absolutely overthrown by
this decision. Of course we will take
steps immediately to appeal to the
United States supreme court. The de
cision destroys the two-cent fare law,
the commercial rates established in
1907, the commodity freight rate and
absolutely denies the right of the state
to regulate railway traffic. The fed
eral government has no such bar and
if the state is denied the right it
means there is no way of railway reg
ulation. The decision acknowledges
the right of the roads to fix their own
valuation and acknowledges their
right to earn 7 per cent on this valua
tion."
Joy in Railroad Circles.
In railway circles there was consid
erable quiet joy over the outcome.
James J. Hill and President Louis W.
Hill of the Great Northern went into
conference immediately after the de
cision was rendered and could not be
reached. President Howard Elliott of
the Northern Pacific expressed consid
erable satisfaction over the result.
Members of the state railroad and
warehouse commission are not dis
couraged by the Sanborn decision.
"If the Otis findings are upheld it
will rob us of control over the rail
roads to some extent but not alto
gether. It will prohibit us from fixing
full schedule rates, which might in
terfere with interest rates. The case
is an important one to the entire coun
try. If upheld by the supreme court
it will wipe out the 2-cent fare law
as well as our merchandise rates."
Text of the Decision.
Following is the text of the opin
ion filed by Judge Sanborn:
"1—The acts of the legislature of
Minnesota of April 4th, 1907, Chap
ter 97, reducing passenger fares with
in the state about 33 1-3 per cent, and
of April 18th, 1907, chapter 232, re
ducing commodity rates within the
state about 7.37 per cent, and the or
ders of its railroad and warehouse
commission of Sept. 6th, 1906, reduc
ing general merchandise rates within
the state from 20 to 25 per cent, and
of May 3, 1907, reducing rates with
in the state to distributing points, by
CHAS. ALF WILLIAMS DEAD.
As Result of Injuries Received in Min
neapolis Tribune Fire.
Seattle, Wash. Charles Alf Will
lams, aged 51 years, assistant manag
ing editor of the Seattle Times, is
dead as the result of injuries received
in The Minneapolis Tribune fire on No
vember 30, 1889, when eight persons
were killed and the lives of 40 more
were saved by the heroism of Will
iams, then managing editor of The
Tribune.
Famous Mine Not Through.
Duluth. Recent developments in
the North Butte. Mont., indicate that
this famous property not by any means
through producing bonanza ore, which
was feared for a time. At a depth of
2,745 feet the shaft has cut a vein
of fair width carrying 24 per cent
copper, and 13 ounces of silver to the
ton. The importance of this strike
cannot be known until time is had to
drift In both directions on the lead,
but It is the most encouraging news
that has cdme from the property In
two years.
their natural and necessary effect sub
stantially burden and directly regulate
Interstate commerce, create undue and
unjust discriminations between locali
ties in Minnesota and those in adjoin
ing states, violate the commercial
clause of the constitution, article 1,
section 8, and are void. 1
"2—These acts and orders which
prescribe maximum fares and rates,
that bring from their respective Min
nesota intrastate business to the
Northern Pacific company an annual
net income of only 3.35 per cent and
to the Minneapolis & St. Louis com
pany an annual net income of only
2.47 per cent of the respective values
of their Minnesota properties devoted
to those businesses, prohibit a fair re
turn upon these values, take the prop
erties of the companies without Just
compensation, violate the fourteenth
amendment to. the constitution and are
void.
Federal Power Held Supreme.
"3. The power to regulate commerce
among the states was granted by the
people to the nation in the constitu
tion, is exclusive.
"4. The fares and rates of trans
portation in interstate commerce are
national in character, susceptible of
uniform regulation and, so far as the
nation has not regulated them, are
free from regulation by virtue of the
commercial clause of the constitution.
"5. The nation may regulate inter
state fares and rates and all interstate
commerce.
Must Not Go Over Boarders.
"To the extent that it does not
substantially burden or regulate inter
state commerce a state may regulate
intrastate commerce and the fares and
rates therein within its borders, but no
farther. It may enforce regulations of
interstate commerce and its fares and
rates which only incidentally or re
motely affect interstate commerce.
But state laws, orders and regulations
concerning intrastate commerce, or
the fares or rates therein which sub
stantially burden or regulate inter
state commerce, or the fares or rates
the rein, are beyond the powers of
the state, unconstitutional and void.
All Power With Nation.
"6. The effect and neither the terms
nor the purpose of state regulations
determines whether they substantially
burden or only incidentally or remote
ly affect interstate commerce.
"And this is a judicial question
which each court must decide on its
own responsibility on the special facts
of the case before it and in the de
cision of which it 'must obey the con
stitution rather than the law-making
department of the government.'
"7. The nation has the power to for
bid, and by the act to regulate com
merce, 24 Statute 379, it has prohibit
ed undue discriminations between lo
calities in different states by unreason
able differences between intrastate
and legal interstate rates caused by
the reduction of the former by the acts
and orders of the officers of a state.
"8. The facts considered and held:
"The unavoidable effect of the gen
eral and sweeping reductions of intra
state fares and rates in Minnesota
made by the acts and orders consider
ed, was and is substantially to burden,
directly to regulate and to discrimi
nate against interstate commerce.
"9. The just compensation secured
by the fourteenth amendment entitles
the defendant railroad companies to
a fair return upon the reasonable val
ue of their property in Minnesoat de
voted to the public use of transporta
tion. Such as return is just to the
public as well as to the carriers.
Division in Rate Authority.
"10. Under the evidence in these
cases the cost of reproduction new of
the Minnesota properties of the de
fendant companies devoted to the pub
lic use of transportation is more per
suasive evidence of their value than
the market value of their stocks and
bonds'or the original cost of their ac
quisition and constuction.
"11. Rate-making looks to the fu
ture and is a legislative function.
"Rate judging, determining whether
or not rates made are confiscatory, is
a judicial function.
"There is a presumption in the first
instance that legislatures and commis
sions make reasonable and just rates
and clear proof is requisite to over
come it.
"But when after fares and rates
have been tried by actual use for
months, after plenary proof of their
effect and other facts determinative of
the issue confiscation vel non has
been made before a master learned in
the law who finds the facts, the legal
or judicial presumption that his find
ings are just and right, while not con
clusive, is superior to the original pre
sumption that the rates were just and
reasonable.
"12 Interest on the cast of repro
duction of railroad property at 4 per
cent per annum during one-half the
time requisite to acquire and construct
it, is a necessary expense of reproduc
tion and may be lawfully allowed as
such.
"13. A net income of 7 per cent per
annum upon the value of railroad
property in Minnesota devoted to the
public use of transportation is not
more than the fair return to which a
railroad company is entitled under the
14th amendment to the constitution."
WINONA FIRE LOSS IS $19,117.
Winona.—The annual report of W.
C. Norton, chief of the Winona fire de
partment, was submitted to the city
council.
The report shows interesting figures
and comparisons. The statement shows
170 fires during the fiscal year begin
ning March 1, 1916, and closing
February 28, 1911. The total loss dur
ing that time was $19,117. -In the pre
vious year 106 fires were recorded, but
the loss was $20,581.
Former State Official Dead.
Minneapolis. P. J. Sjoblom, a
former Minneapolis editor, died of tu
berculosis at the City hospital. Mr.
Sjoblom, during the administration of
Governor Van Sant was assistant sec
retary of state and well known in
newspaper and Masonic circles.
NORTHWESTERN ISSUES FIRST
CROP BULLETIN OF THE YEAR.
Season Two Weeks Later Than Last
Year—Seeding Retarded in
Some Parts.
Winona.—Over in southern Minne
sota, in the territory traversed by the
Northwestern Railway, the soil con
ditions are in many ways better than
in any previous year, according to the
report of General Agent H. J. Wagen,
of the Northwestern. The bulletin Is
the first this season.
The reports issued from the general
office of the Northwestern road dur
ing the past several years have been
accepted as authentic and an excel
lent guide for those closely observing
farm activity. Mr. Wagen has pre
pared his first bulletin after careful
scrutiny of the conditions, and the re
port carries an exceedingly optimib
tic tone. The report follows:
"The present season as compared
with 1910 is practically two weeks
later. However, the work last fall
was more complete than previous sea
sons and conditions more satisfactory
to conclude the work this spring, ac
count better preparations being made.
"There is a disposition to refrain
from seeding too early, but rather to
prepare the land and rush seeding as
soon as the weather conditions are
more assured.
Ground Conditions.
"The ground froze without snow
protection and with not a great deal
of snow during the winter naturally
left soil in somewhat dry conditions.
However, on March 9 and 26 had a
light rain turning into snow to the
extent of iy2 inches. On April 2 had
from 1 to 3 inches of snow over en
tire territory also good rain, Winona
to Marshall, and 2 inches of snow,
Marshall to Watertown, April 4.
"There is now more moisture in the
ground than a year ago and sufficient
amount to germinate the seed, the
conditions being far better than any
previous year, and with anything like
the usual amount of precipitation
from now on a good crop can be an
ticipated.
Seeding.
"In some parts of our territory
seeding was started March 20, and
with change to cold weather since
that date, this work has been retard
ed, but with favorable weather we
can look for seeding to be general
in another week.
"Our reports indicate conditions are
excellent in every way.
"The agitation brought out in the
newspapers tending toward more
scientific selection of seeds and their
cultivation emanating from both fed
eral and state departments of agri
culture, with co-operation of the rail
roads in giving the matter publicity
through the means of good seed trains
which have been sent through the
territory, has had the result of con
siderable favorable attention on the
part of farmers, which will have the
effect of increasing production.
Acreage.
"It is too early to formulate with
accuracy any leport treating on the
comparison of acreage or estimates of
the amount of different grains to be
sown. This matter will be given con
sideration and a report made at a la
ter date."
REFUSE TO CONSOLIDATE.
Clay County Fair Association Will Net
Join Fargo Attraction.
Moorhead.—A complete reorganiza
tion was the result of the meeting of
the stockholders in the Clay County
Agricultural and Mechanical Society.
The officers will remain the same. E.
J. Wheeler being president and John
Costain secretary, but the charter un
der which the old organization worked
has been amended. New by-laws also
were passed. The question of dispos
ing of the society's property at Glyn
don was not taken up. The generaJ
sentiment of the stockholders is IB
favor of holding a regular county fait
in Moorhead instead of affiliating with
the Interstate Fair Association in its
Fargo fair.
New Hotel For Moorhead.
Moorhead.—''A new first-class hotel
for this city is a sure thing" was the
statement of the committee of finance
of the Commercial Club after complet
ing a day's canvass among local mer
chants for money to purchase a site.
The original cost of the site is $25,000.
The hotel company will donate $6,000,
St. Paul brewers who have branch
houses in this city have given $5,000,
the local banks $5,000 and local busi
ness men will make up the remainder
The new hotel probably will be con
structed by the Northwestern Mutual
Investment Company of Fargo, at a
cost of $80,000. This will give a sixty
five-room modern hotel of nearly fire
proof construction.
HOUSEBOAT FOR DREDGERS.
Large Craft is Launched at Thief
River Falls.
Thief River Falls.—One of the large
houseboats owned by the Northwestern
Drainage company, which has its head
quarters in this,city, was hauled down
the central portion of the city -by a
heavy threshing engine. It will be
launched in the Red Lake river at the
boat dock and will be used this sum
mer for the carrying of supplies on the:
river to the various locations where
dredging is going on.
Bishop Quayle For Rally.
Winona. Positive* assurance has
been received from Bishop Quayle
that he will be in Winona for the big"
Epworth league rally Wednesday even
ing, April 26, with which it is planned
to open the meeting of the Methodist.
Episcopal bishops in Winona. The)
Wesley male quartet of La Crosse has
accepted an invitation to sing on this,
occasion. The program is now being1*
arranged for the annual convention of2
the Winona District Epworth league»f'
to b» held at Austin, June lsV 17
Ml
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