yinwit . - COLORADO
SAYS SUPREME TRIBUNAL CAN'T
HOLD A THING "REASONABLE"
NO GOOD OR BAD TRUST
COURT HAS NO RIGHT TO USURP
POWER BELONGING TO
ington—legislative, executive and judi
cial —are discussing the Supreme
Court's disposition of the Standard
While there was gratification in ad
ministration circles over the order for
the dissolution of the corporation
which had been declared "an unreas
onable" combination and monopoly in
restraint of trade, there unquestion
ably was misgiving as to the interpre
tation of the anti-trust law giving to
courts the right to determine wheth
er a monopoly was "reasonable'' and
declaring a "reasonable" monopoly not
to be in contravention of the statute.
President Taft, who a little more
than a year ago, in a special message
to Congress, said that under Supreme
Court precedents there could be no
such things as "reasonable" and "un
reasonable" restraints of trade, or in
other words, “good trusts," and "bad
trusts," was said to have been rather
disappointed that the court should
have seen fit to reverse itself in this
Justice Harlan held that his brother
judges had no right to usurp the func
tions of the legislative branch of the
government by writing into the statute
a differentiation between "reasonable"
Under these circumstances and in
their extremity, great aggregations of
wealth applied to the court in an ef
fort to have It construe the law in a
way that would be a flat reversal of
wha: it had held on two previous oc
Justice Harlan declined to be a party
to such reversal, hence his dissenting
opinion. He denounced as "the most
tlarming tendency of the clay" the ten
dency of judicial legislation. Men of
power, he said, always were trying to
get the courts to do what Congress
President Taft in his special mes
sage to Congress January 7, 1910, urg
ing a federal incorporation act, de
clarer that to put the word "reason
able" into the anti-trust statute and
thus leave it for the courts to say what
was a reasonable restraint of trade,
would be to put into the hands of the
courts "a power impossible to exercise
on any consistent principle which
would Insure the uniformity of decision
essertial to good judgment,"
"It is to throw* upon the courts," he
added, "a burden that they have no
precedents to enable them to carry,
and to give them a power approaching
the trbitrary, the abuse of which might
involve our Judicial system in disas
As to the doctrine of "good trusts"
and "bad trusts" which the majority
opinion of the court, as expressed by
Chief Justice White, seems to have
laid down, President Taft in his mes
sage written more than a year ago,
"The public and especially the
business public ought to rid them
selves of the Idea that such a distinc
tlon is practicable or can be intro
duced into the statute. Certainly un
der the present anti trust law no such
Consider Criminal Prosecution.
Washington. Attorney General
Wickersham may consider criminal
prosecutions of the officials of the
Standard Oil Company, it is said that
in event the oil trust officials should
plead immunity under the statute of
limitations, the government could take
the position that the combination in
restraint of trade was a continuing
conspiracy until the moment the
court orders It dissolved.
Panama Bonds Bids Invited.
Washington. Secretary MacVeagh
has Invited popular subscriptions to a
$50,000,000 issue of government bands
to reimburse the treasury general fund
•for expenditures on accoiint of the
Panama canal. Treasury officers ex
pect the loan will be largely over sub
scribed and small bidders will, be giv
FROM TELEGRAPHIC REPORTS
THAT COVER THE WEEK'S
OF MOST INTEREST
KEEPING THE READER POSTED
ON MOST IMPORTANT
Lafayette Grover, the fourth gover
nor of Oregon, died recently at his
home in Portland.
The St. Mary's college, Kansas,
baseball team defeated the Keio uni
versity players of Tokio, Japan, 3 to
John Schaffer and Homer Corbet,
car repairers, were killed by the ex
plosion of several oil tanks in the car
repair sheds of the Santa Fe shops in
Joseph W. Axtell, a hotel fireman,
was shot and killed on the street in
Salt Lake City, while trying to stop
a holdup who had robbed a pawn
ship of $6,000 worth of diamonds.
The State Board of Railroad Com
missioners of Kansas refused to per
mit the M. K. & T. railroad to issue
$102,000,000 in bonds on the ground
that the proposition i»j too indefinite.
A large, open-face silver watch lost
by Frank Strome nearly fifty years
ago, was recovered in a strange man
ner when an alligator was killed in
Double bayou near Galveston and the
timepiece was found in the alligator s
J. C. Stubbs, director of traffic of
the Southern Pacific railroad, has an
nounced the new time table which the
Southern Pacific and Union Pacific
railroads will put into effect May 2hth,
cutting off four and one-half hours
from the running time between San
Francisco and Chicago.
The American Flag Association has
issued a circular calling attention to
the fact that June 14th is Mag Day
and asking public officials, patriotic
societies and private citizens to pre
pare for a fitting observance of the
day. The object of this society is to
promote reverence for the American
The Senate confirmed the nomina
tion of Ernest Knaebel as assistant at
It has been indicated that Secretary
MacVeagh will call for popular bids
on an iesue of $50,000,000 of Panama
Commerce between the United
States and border towns of Mexico,
will not be Interfered with by the
Democratic members of the Ways
and Means committee of the House
have taken up the task of drafting a
bill revising the wool schedule.
Postmaster General Hitchcock has
announced the designation of forty
seven additional postal savings depos
itories, making a total of 176 since
By spending $6,000,000 to $10,000,000
a year, the United States can have a
permanent reserve corps of 270,000
trained soldiers, according to Maj. Gen*
Wood, chief of staff, who opposes a
bill changing the term of enlistment
from three to five years.
Facing the question of an early re
port on the Canadian reciprocity bill
and with the free list bill already be
fore them, members of the Senate
committee on finance are considering
a Democratic proposition to couple the
A reaffirmation of the program of
“hands off” in Mexico is the plan b>
the President and his advisers. The
President believes that all that can
be done is to remove the Americans
as far from the scene of hostilities
Secretary of War Jacob McGavick
Dickinson of Tennessee, the Democrat
ic member of President Taft's cabinet,
has resigned. Henry L. Stimson, of
New York, recently defeated Republi
can candidate for governor of that
state, has been given the portfolio.
This announcement, was made from
the White House.
The Standard Oil Company of New
Jersey and its nineteen subsidiary
corporations have been declared by
the Supreme Court of the United
States to be a conspiracy and com
bination in restraint of trade. It also
was held to be monopolizing Inter
state commerce in violation of the
Sherman anti-trust law. The dissolu
tion of the combination was ordered
to take place within six months.
Forty men were entombed by an ex
plosion that wrecked the St. Marga
ret’s coal mine near Whitehaven. Eng
Mexico’s provisional government be
came an established fact with the
naming of Francisco I. Madero, Jr.,
provisional president of his cabinet of
ficers, and the establishment of a cap
ital at the captured city of Juarez.
General Diaz will not leave the
presidency w’hile the country is in its
present state of unrest. He has de
manded to know from his opponents
I the terms in which they expected him
| to announce hiB willingness to resign
and is waiting a reply from them.
This little bullet-riddled city Juarez
is the provisional capital of Mexico,
and Francisco I. Madero, Jr., provi
sional president, and his staff have
taken complete possession after win
ning the bloodiest battle of the Mex
The most remarkable exhibition of
| aviation seen in England was given
under the auspices of the parliamen
tary aerial defense committee. Four
teen aii men, including Claude Gra
hame-White, Ijouis Bleriot, the French
aviator; Robert I>oraiue, the actor,
and Captain F. S. Cody, performed va
rious feats designed to show' the util
ity of aeroplanes for war.
WESTBHX I.KAUK STANDING.
P. W. L Pet.
Sioux Ctty 23 17 6 .7:11*
Denver 1* 1 14 7 .*67
Wlclilia 20 13 7 .650
Llinoln 21 13 K .61!*
St. Joseph 23 12 11 .522
Omahu 21 S 15 .375
Topeka 22 8 14 .361
Des Moines 24 3 21 .125
Definite plans for establishing an
aviation circuit including Chicago.
Indianapolis, Kansas City and St.
1 Louis, will be announced soon.
The Missouri Athletic Club won
three out of four events in the inter
city boxing tournament with the Cin
cinnati Gynasium Club in St. Louis.
A baseball association has been or
ganized at Arvada and it is the pur
pose of the promoters to have one of
the best senii-professionai teams in the
| Convict 11,342 of the Missouri state
prison at Jefferson City is the latest
contender for "white hope" honors.
In a letter to the sporting editor of a
local newspaper, the prisoner acknowl
edges that he is the logical person to
humble Champion Jack Johnson. He
says he is six feet and four inches
tall, has a* reach of 84 inches and
I weighs 230 pounds.
American Federation of has
appealed to union men of the country
for $500,000 for the defense of John
Four men were killed when a Bal
' timore & Ohio train struck the auto
' mobile in which they were riding, at
Several men are entombed in the
Ross vein of the Boston colliery of
; the Delaware & Hudson Company at
j I^arksville,. Pa.
The United States Steel Corporation
announced that unfilled tonnage on
the books in New York, April 20th,
totaled 3,218,704 tons.
In a motion made before Justice
Giegerich in the Supreme Court It be
came known that the Wella-Fargo Ex
press Company had decided to discon
tinue their banking business in New
Two negroes are dead and one mor
tally wounded and four deputy sher
iffs are wounded, one fatally, as the
result of a murder committed by one
of he negroes near Montgomery, Ala ,
and of a fight that followed.
James A. Patten, who has given a
fortune to aid in the fight against tu
berculosis, was dealt a second blow
by the scourge in the death of his son,
Thomas Beveridge Patten, 17 years
old. Mr. Patten's brother, George W.
Patten, died last September of the
Relentless prosecution of John J.
and James B. McNamara and Ortlc
McManigal, the three men under ar
rest at Los Angeles, charged with
blowing up the plant of the I»s An
geles Times, is promised by Harrison
Gray Otis, publisher of the Times,
who Is in Chicago.
At least a score of policemen were
injured and many members of a mob
of 2,000 striking furniture workers
and sympathizers were hurt in a riot
at the plant of the Widdlcomb Furni
ture Company, at Grand Rapids, Mich.
Several of the injured may die. Re
volvers, clubs and stones were used.
A near tragedy of the sea, filled with
many thrilling narratives of human
rescue and escape, occurred off the
Virginia coast when the Ward liner
Merida, bound from Havana, Cuba, for
New York, with 310 souls on board,
sank in 354 fathoms of water 55 miles
northeast of Cape Charles, after she
had been rammed by the fruit steamer
Admiral Farragut. All on board were
LITTLE COLORADO ITEMS.
Small Happenings Occurring Over the
State Worth Telling.
A ball team has been organized at
A light frost around Boulder did
some damage to fruit.
Carl Rydln, a resident of Weld coun
ty for twenty years, is at Greeley.
Twenty-nine employes of the State
Land Board have been asked to resign.
The farmers near Greeley will seed
about 35,000 acres to potatoes this
Mrs. Emma Kalbaugh, one of Gold
en’s earliest pioneers, died at the age
The Colorado Association of Letter
Carriers will hold a convention in Boul
der June 28th.
For the first time in many years
Montrose will celebrate the glorious
Fourth this year.
The two-year-old son of Humann
Straub of Rocky Fork, was drowned in
the High Line ditch.
An addition will be built to the
Mead schol house to be ready for oc
cupancy in September.
Windsor schools are the first in
northern Colorado to install the bub
bling drinking fountain.
Mrs. Emmett Barton, wife of a
wealthy sheep man and one of the old
est residents of Fruita, is dead.
Prof. Thompson of the l*a Junta
high school and six of his assistants
went on a strike and refused to teach.
Broadmoor casino, Colorado
Springs' most popular summer resort,
will open for the the season June
Ira Passer, aged 18, son *of Henry
Masser, a prominent ranchman, was
instantly killed at Urote, by a passen
T. W. Thomas, former sheriff of
Garfield county, died suddenly at
Glenwood Springs, of heart failure,
The largest payroll at the Minnequa
steel plant at Pueblo, tnla year has
just been paid and amounted to nearly
Hotel men from over the state to
the number of 200 will spend June
2nd, 3rd and 4th in Colorado Springs
Montrose will produce its regulation
bountiful fruit crop again this year,
and the fear of loss by frost is now
A great many of the Alamosa resi
dents are planning to co-operate In
building a club house in the Conejos
Caflon this summer.
An old fashioned camp meeting is to
be held in the grove at Fort Lupton
beginning May 21st. Great prepara
lions are being made.
$26,000 has been secured to complete
the twelve miles of road near Parkdale
and thus open the road from Caflon
City to Sallda.
Mills in Boulder county have been
ordered closed down because they are
contaminating the water in streams
and destroying fish.
About three hundred skilled beet
raisers from Globeville have reacbM
Alamosa to take up the culture of
sugar beets in the valley.
James Tynan of Golden was award
ed $4,200 in the condemnation suit
brought against him by the Farmers'
Reservoir and Irrigation Company.
James Halzar, 14-year-old son of
Adain Halzar, living three miles east
of Rerthoud, accidentally shot and
killed his 6-year-old brother at the
The recent high temperature and
warm wind has melted the snow in the
hills and the Gunnison river is rising
rapidly. At Delta the river has been
running bank full and threatens to
William K. Burchlnell, secretary of
the Board of Control Managers at Den
ver, announced that bids for work ou
the Colorado State Museum building
would be received until noon June
The fourth annual convocation of
the Episcopal diocese of western Colo
rado was held In Grand Junction.
Delegates wero present from all over
the Western Slope. Bishop Spalding
of Utah spoke.
The Johnstown Milling & Elevator
Company is making extensive improve
ments at their elevator and dump for
unloading grain and have installed a
set of rolls for grinding feed for mak
ing corn meal.
While working on the county road
near Fort Collins, and near a point
where one of the frontier highways
formerly crossed the Poudre river,
men discovered human bones, an old
iron kettle and a rusted barrel of a
rifle, mute evidences of some fron
Denver bankers have received no
tice from the executive council of the
American Bankers' Association to the
effect that a new national system
designed to facilitate the forward
ing of bank cnecks has been adopted.
By the new method every bank in the
United States will be numbered and
the work of numbering has begun.
OF INTEREST TO
June 6-7-8.—Grand Encampment Colo.
and Wyo. O. A. R-. Sallda
June 15-18.—Convention Christian En
deavor Society. Grand Junction.
June 20-30. —Western General Conrer
ance Women's Christian Association
Cascade, Colo. , „ . .
June 13, 14. 15—State Sunday School
Convention. Pueblo. ......
June—Meeting National Retail Gro
cers' Association. Denver. . .
June—American Surgical Association
Convention. Denver. , .. . .
June 20-21.—National Association Tor
Study and prevention of Tuberculosis,
Denver. . . , ...
June—American Trap Shooters Asso
ciation. Denver. , _ . _
June—National Association Heal E*
tate Exchanges. Denver, three uayn.
then Colorado Springs two days, July.
State Receives Teller Institute.
Grand Junction. —Members of the
State Board of Agriculture here hate
received formal possession of the Tell
er Indian school from Superintendent
C. H. Burton.
Lamar to Hear Heney.
Uniar. —A Redpath Chautauqua,
lasting one week, will be hold here, be
ginning June 30th. Francis J. Heney
of San Francisco and formed Gover
nor Folk of Missouri are among the
Wants Road for Auto Line.
Boulder.—The Commercial Associa
tion of Boulder and Lyons and the
Boulder Motor Club will meet In
Joint session to decide which of the
two roads between Boulder and Lyon*
should be improved for a line of auto
mobiles to be running by June loth.
Bishop Henderson Speaker.
Pueblo. —Bishop Eugene I. Hender
son of the Methodist Episcopal church
of Kansas City will attend the State
Sunday School convention here June
13th, 14th and 15th and will deliver
addresses before ihe convention each
Grand Army Meeting.
Sallda.—The Grand Array of the
Repul lie will hold Its thirty-second
annual reunion for the Department of
Colorado and Wyoming, at Halida.
Colo., June 6, 7. 8. A special rate has
been made by the railroads for this
occasion, for fare for the round trip
from all points.
Great Scenic Highway Opened.
Canon City.—The Weather Bureau
cooperated with the executive and
subordinate committees of the Cafton
City liusinesa Men's Association, in
making the celebration connected with
the dedication to public use of a new
highway to the top of the Royal
Gorge a distinct success in every par
Court May Ignore Governor.
Denver. —It is generally believed at
the state house that the Supreme
Court will refuse to pass on the con
stitutionality of the State Court of
Appeals bill, or of any part thereof,
until that measure has become a law.
Rumor has It that the Supreme Court
may be a trifle tart in its reply to th**
letter of the governor asking for sn
opinion on th)s bill.
Arsenic Big Apple Aid.
L**mar. —County Treasurer J O
Stream, who has a fine ;trm In the
famous May valley. Just north of
town states that the use of four ton
of arsenic spray would Assure a yield
of fifty cars of superior apples from
Prowers county. Stream last year dem
onstrated at the National Irrigation
Congress the possibilities of apple cul
ture in the lower Arkansas valley,
without the use of smudg** pots.
Big Rain Visits Cripple Creek.
Cripple Crtik a storm «»f great
value to the farmers visited Crlppl*-
; Creek. It was accompanied by tre
mendous thunder claps and vivid
flashes of lightning. The rain cam*
In a steady downpour. It is
that Cripple Creek is the center of a
storm that covers an area not less
than 1,000 miles square. It is the first
rainstorm of the season and is the
more welcome as the spring has beer,
unusually dry and ranchers have
fear«d for their crops In the surround
State Expense Increasing.
Denver.—Appropriations made by
the last three legislatures:
Sixteenth General Assembly (Rep.)
Seventeenth General Assembly
Eighteenth General Assembly (Dem.)
An Increase In four years of 100
per cent. In the cost of conducting the
For the current two years taxpayers
of the state will have to pay fully $2.-
000,000 more for state maintenance
than they did for the years 1907 and
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