SIXTIETH YEAR. NO. 180.
MONDAY, MAY 15, 1911.
PRICE TWO CENTS.
U. S. SUPREME COURT WIPES OUT JAIL
SENTENCES FOR LEADERS OF A. F. OF L.
Makes Long Awaited Decision in Case Growing Out
of the Celebrated Buck Stove Company
Boycott by the Union.
CRIMINAL PROCEEDINGS WERE IMPROPER
Two Courts of District of Columbia Overruled
Chance for Recourse in Damage Suit Not
Likely to be Taken Advantage of.
Washington, May 15. Set
ting aside the sentences of im
prisonment imposed by the su
preme court of the District of
Columbia, for alleged disobed
ience to the boycott injunction,
the supreme court of the Unit
ed States today held Samuel
Gompers, John Mitchell and
Frank Morrison, president, vice
president and secretary, re
spectively, of the American
Federation of Labor, had been
erroneously sentenced to jail
on the charge of contempt of
the local court.
from this sentence, first to the court of
appeals, which affirmed it, and finally
to the supreme court of the United
States. The alleged violations con
sisted of utterances and acts In further
ance of the boycott.
New York, May 15. Former Judge
Allen B. "Parker of counsel for Gom
pers and the other labor leaders was
elated over the supreme court deci
sion. "A monstrous Injustice has been
arerted by the. unanimous action of
this great court." he said, "and the de
cision at the same time furnishes an
other illustration of the care with
which the court regards and protects
the personal rights of the citizen."
Forecast Till 7 P. Wl. Tomorrow for
Rock Island, Davenport, Moliae
Unsettled weather and probably
showers tonight or Tuesday; not
much change in temperature.
Temperature at 7 a. m. 68; highest
in 24 hours 77; lowest last night 66.
Precipitation in 24 hours 1.20
Wind velocity at 7 a. m. 4 miles
Relative humidity at 7 p. m. 63;
at 7 a. m. 60.
River stage at 7 a. m. 2.8, no
change in 48 hours.
J. M. SHERIER, Local Forecaster.
(From noon today to noon tomorrow.)
Sub sets 7:08. rises 4:33; moon rises
9:53 p. m.; moon at apogee, farthest
from earth, distant 252.300 miles;
planets Venus and Saturn showing
equal diameters la the sky.
FREE RAW WOOL
HAY COf.lE LATER
Democrats in Congress Doubt
Wisdom of Immediate
PROPOSE A CUT, HOWEVER
May Suggest Gradual Lessening
Duty Till All the Tariff Is
Fourth Conference of Union for
Protection of Industrial
SESSIONS AT WASHINGTON
SOT CRIMrVAL. CHARGE,
The court unanimously held
only sentences that could be impos-j
ed upon the labor leaders were fines, j ftallinger Falls to Make Gain on Re
in so holding the supreme court of!
the Cnltcd States found the court
of appeals of the District of Colum
bia and the supreme court of the
district erred in treating contempt
proceedings as a criminal case and
not a civil one.
OHDKRRI) TO DISMISS.
sumption of Balloting in the
Delegates Come With Power to Ne
gotiate Treaties Important
Matters for Consideration.
Washington, May 15. The fourth
conference of the international union
for the protection of industrial prop
erty opened here today with represent-
j atives of 34 nations attending, and
Washington, May 15. A contiuua- j Charlemagne Tower, former ambassa-
Washington, May 15. Democratic
members of the ways and means com
mittee of the house today began draft
ing a revised tariff schedule on wool,
which will be submitted to the demo-
cratic caucus for ratification. That the
wool bill will be ready for the caucus
probably within a week was the opin
ion of the democratic leaders.
NOT FREE AT OJfCE.
Advocates of free raw wool are not
as confident today as they heretofore
had expressed themselves that the re
vised schedule would place raw ma
terial on the free list. Extraordinary
pressure has been brought to bear by
conservative leaders to secure unani
mous approval of a compromise bill,
and these leaders insist such a bill
would meet the caucus approval.
MAKE CCT GRADUAL,.
Such a bill might provide a tariff of
about 5 or 6 cents a pound on raw
wool, with the provision of a cent re
duction each year until the raw pro
duct eventually would go on the free
list, and a cut of 40 to 50 per cent in
manufactured woolen goods.
HOUSE XOT IX SESSION.
The house is not in session today.
The senate finance committee resumed
the hearing on the Canadian reciproc
ity bill, and later when the senate met
it was to continue the deadlocked ef
fort to elect a successor to Senator
Frye as president pro tempore.
Latter Declines to Gavel
Waterways Bill to
Springfield, 111., May 15. Governor
Deneen and Speaker Adkins have quar
reled over the manner in which the
deep waterway bill is to be bandied by
the house, with the result prospects'for
an immediate special session of the
47th general assembly have suddenly
taken on new importance.
The difference between the governor
and speaker grew out of the larter's
alleged refusal to gavel the deep wa
terway bill up to third reading.
MUST NOT JOIN
THE A. F. OF L
Letter Carriers Would Endan
ger Government by Strike
SO PRESIDENT DECLARES
Points to Experience of France
Argument Before B. of R. T
at Harris burg.
filRS. TAF1JS ILL
Has Nervous Attack Similar to
That Sustained Two
CONDITION NOT SERIOUS
Affected While With President
"ew York Xot Able to Re
turn to Capital.
tion of the deadlock in the attempt
to elect a president pro tempore of
i the senate was apparent today when
The effpct of holding the proceed-i tbe first ballot resulted in no choice.
Gallinger, ' tho republican candidate
polled 33 votes, and his democratic
(opponent Bacon, same number. Six
prpgressrre--- rpuDiicans votea .icr
ings a civil one was to make jail
sentences impossible. Hence the
jail sentence had to be set aside. To
correct the error the case is setit
bark to the local courts with the di
rection that it be dismissed.
MA V ENTER SUIT.
At the same time the court ex
pressly made it possible for civil
proceedings to be instituted against
the labor men by the Buck Stove &
Range . tmpany, at whose instance
the , inal contempt case was
brou' ' ,i.
PROBABLY LAST OF" IT.
.ilasmurh as all differences be
tween the labor men and the Buck
company have been adjudicated, in
cluding the "boycott" case out of
which th contempt proceedings
arose, today's decision is probably
, the last heard of this famous action.
Gompers said he was gratified that
the supreme court had reversed the
decision of the lower tribunals.
He believed the sentences of six,
nine and twelve months imposed on
Mitchell, Morrison ami himself weie
unjustified, unusual and cruel, particu
larly in an alleged constructive con
tempt and that tht judge's language
was intemporate and unjudicial.
STOItY OF CASE.
The charges of contempt asalnst
Preidnt Gompers, Vice President
Mitchell and Secretary Morrison ftrose
?ul of a bitter labor war between or
ganized labor and the Buck Stove and
Range company of St. Ivouis, Mo.
The St. Ixiuis concern had come into
the supreme court of the District of
Columbia to prevent, by injunction, th
American Federation of Iabor and its
officials from boycotting its own pro
duces or the business of those who
.lealt with it. The questions involved
End the parties concerned attracted
FOUND IN CLAY PIT
Part of the Remains of Prehistoric
Animal Is Unearthed at
Woodhull, 111., May 15. (Special).
While at work in the clay pit at the
brick factory here Saturday Roy Gil
lette unearthed a huge tooth of some
pre-historic animal, probably a masto
don. It was partly petrified and weighs
about 20 pounds. Last year a piece of
a huge tusk was found about 20 feet
from the spot where the tooth was located.
dor to Germany, permanent president.
The delegates have plenary powers
from their respective governments, au
thorizing them to negotiate and sign
MATTE IIS TO PRESENT.
The United States, Great Britain,
Prance, The Netherlands, Sweden,
Switzerland and the international bu
reau at Berne will have matters to
present for consideration.
SPEAK AT OPEN MEETTSO.
Commissioner of Patents Moore, Sec
retary of State Knox and Secretary of
Interior Fisher will speak at the public
session of the conference tomorrow afternoon.
New York, May 15. Mrs. .Tail,
whose sudden illness interrupted the
president's plans and brought him hur
riedly to her bedside yesterday from
Harrisburg, Pa., was so much better
this morning that the president left for
Washington at 10:08. Mrs. Taft prob
ably will go to Washington Thursday.
Mrs. Taft suffered an attack of ner
vous trouble in this city yesterday sim
ilar to that with which she was seized
just two years ago while making an
excursion on the presidential yacht
Sylph from Washington to Mount Ver
non, and which caused her abandon
ment of social activities for some
ATTEX DEI) BASftrET.'
Mrs. Taft came to New York with
the president late Saturday night, af
TefTtrnad kept an evening speaking
engagement in Newark and attended
Six Hundred" From Asiatic Fleet wth h,m a given in connection
DESERT LAND RIGHTS
MAY BE ASSIGNED
Washington, May 15. Hundreds
of titles to desert land claims were
affected today by a decision of the
supreme court of the United States,
holding desert land entrymen ob
tain "rights by entry which may be
SAUlSTTOrG aroen party
INDIAN NOT THE
IS EMPEROR OF ABYSSINIA
Menelik's Grandson Proclaimed Rul
er To Re Crowned l-ter.
Addis Abeba. Abyssinia. May 15.
Prince Lidj Jeassu. grand-son of Em
peror Menelik, was proclaimed em-
peror of Abyssinia yesterday. The cor-1
onation takes place later.
S. Supremo Court Upholds 25
Years' Restriction on the Sale
Washington, May 15. Three centur
ies of civilization have not brought the
full-blood Indian to the point where
bis rights are equal to those of the
white man. Such was the decision to
day of the supreme court of the United
Stares in holding constitutional the
25-year restrictions on the sale of In
Guests of City of Yokohama.
Yokohama, May 15. The city is
bright with colors of America and
Japan In honor of the 600 American
bluejackets from the Asiatic fleet who
are the city's guests today. This af
ternoon the mayor gave a garden par
ty. Tonight the mayor gave a dinner
for Admiral Hubbard, at which officers
of both navies were present.
GERMAN EMPEROR GUEST
With Wife and Daughter He Arrives
for Week's Stay in England.
London, May 15. Emperor William,
Empress Auguste Victoria and Prin
cess Victoria Louise, who arrived at
Sheerness last night on the imperial
yacht Hohenzollern, entered London to
day and received an enthusiastic wel
come. They will be here a week.
Stimson Formally Named.
Washington, May 15. The president
today formally nominated to the sen
ate Henry L. Stimson of New York to
be secretary of war.
with the conference on reform of the
criminal law of procedure in the Hotel
IMPROVES DrRIR DAT.
Washington, May 15. President
Taft returned to Washington at
3:15 this afternoon. He found a
message awaiting him saying Mrs.
Taft had shown marked improve
ment during the day.
MUST BE KEPT IN
U. S. Supreme Court Defines Duty of
Railroads Under Safety Ap
Washington, May 15. Railroads
are under absolute duty to keep in
repair automatic couplers and other
appliances prescribed by law and
not merely a duty to exercise rea
sonable diligence in repairing. Such
was the decision today of the su
preme court of the United States.
Carljle, in., May 15. William Hall.
Jr.. yesterday killed his father-in-law,
Mat Barber, with an ax because he be
lieved Barber responsible for his un
harpy married life.
Orion to Celebrate.
Orion, 111., May 15. (Special). Ori
on is to celebrate the Fourth of July, j
At a mass meeting committees were i
..... ... ..w.. appointed to make all arrangements
widfspread attention. The company j f . rf
claimed that the Federation was tryins
fo unionize the company's shops.
fOMPAW itEi.rt I AKAln.
The labor leaders urged that the com
pany was "unfair" to labor. The head
of the company was J. W. Vsn Cleave,
president of the National Manufactur
Frs" association, which had often come
into conflict with tbe Federation. He
was charged with having been opposed
to organized labor, and with having
Fought to put his nickel piate workers
"n a 10 hour lnsteaB ofa 9-hour basis.
Justice Gould of the district supreme
tcurt issued the injunction prayed for
by the company. An appeal was taken
to the court of appeals of the District
of Columbia, but before that court
vQuld pass upon the validity of the" in
junction the Buck Stove and Rang
company again came into the district
supreme court, this time with charges
cf contempt against President Gom-
Washington, May 15. The
government today won its case
t in t2ie supreme court of the
United States against the
Standard Oil in that it is a con
spiracy and monopoly in re
straint of trade.
The decree of the lower
court was affirmed, being mod
ified in particulars which Chief
Justice White said there were
very slight need.
justice narian announced a
Chief Justice White, after an exten
sive recital of the facts in the case,
held that the court had jurisdiction
WINS STANDARD OIL
lilMY ORDERED DISSOLVED
Washington. May 15. The supreme
j court of the United States today ap
proved the recent sentence of contempt
imiosed in the New York courts on
Christopher C. Wilson, president cf j over the suit, which had been question-
the United Wireless Telegraph com- ea Y " standard Oil. Taking up the
pany because of his refusal to permit ! first and aeeond sections of the Sher
examination of the company's books. man anti-trust law, upon which the
By this decision the federal govern- court decided to base its decision,
meat won a far-reachine leeal coctro- White began consideration of the law
I-ers. vice president Mitchell ana bee-; Ve'rsy. In that officials of corporations a appe to " present case.
i'-:ary Morrison. Those men were ac-; r, rnor refns.. to ?5ve un nosspssion of' STARTED IX
corporation books for examination by) The suit which called forth today's
cused or having violated the injunc
tion decree. '
JAII. SnXTFCE FOR Al.l.
Justice Wright found them guilty and
fr.:enc-d President Gompers to one
.war in jail. Vice Prsidem Mitchell to
rine months, and Secretary Morrison
to six months. An arpea? wr. s;-.k?n
grand juries, lest they themselves be
The sentence of contempt imposed in I
decision was instituted In 1906 in the
United States circuit court for the east
ern district of Missouri It was brought
tho New York courts on Wilson was; in the name of the United States. The
based upon his action in defeating thy j immediate object was to dissolve the
attempt of the grand jury to examine
I-t'-s. of his corporation.
Standard Oil company of New Jersey
From tie very beginning, the bust
cess and the legal worlds recognized
that the suit put the Sherman anti
trust law to the most severe test to
which it had been subjected. The law
had been on the statute books sinc9
1S99 and had been the basis of some
18 suits finally passed upon by the
supreme court of the United States.
Tnat tne law was constitutional was
accepted as settled by these decisions,
but simple as the words of the statute
seemed, there was an absence of una
nimity in regard to its interpretation.
With that situation confronting the
government and the defendants, the
suit was begun with the general belief
that the entire business world would
feel the effect of the outcome of the
TWO VIOLATIONS CLAIMED.
The government claimed that Iwj
sections of ttfe Sherman anti-trust law
had been violated.
The Standard Oil company of New
Jersey, some 70 subsidiary corpora
tions. John D. Rockefeller, William
Rockefeller. Henry M. Flagler, Henry
H. Rogers, John D. Archbold, Oliver
H. Payne and Charles M. Pratt, all de
fendants in the suit, denied the charges.
From the circuit court the case was
brought to the supreme court of the
United States. The record laid before
the higher tribunal probably was the
largest ever prepared in an American
case. The petition, dead Lues, testi
mony, opinions and decree constituted
22 large volumes of more than 500
The case was first argued before the
supreme court in March, 1910, but It
was restored to th' docket for reargu
ment. The case was heard the second
time In January, 1911, the latter tim3
before a full bench. Noted attorneys
appeared on either side. For the gov
ernment, Attorney General Wlckersham
and Frank S. Kellogg, special assistant
to the attorney general, addressed the
court. For the Standard Oil there ap
peared John G. Johnson of Philadel
phia, John G. Milburn of New York,
and D. T. Watson of Pittsburg.
NOT NATURAL GROWTH.
In his address to the court, Mr. Kel
logg, who took all the testimony in
the case on behalf of the government.
said that the Standard Oil organiza
tion was not a natural growth, but
was bora and reared in fraud and op
pression, and "hangs over the com
merce of this country today like a
The other side of the contest was
summarized by John G. Johnson in the
closing argument in the case. He de
clared that the country did not suffer
by the mere largeness of the corpora
tion, but profited. For the alleged sins
that the corporation had committed, he
Harrisburg, Fa., May 15. The gov
ernment of the United States will not
recognize revolution as a means of en
forcing increased wages to employes
of the government.
This was the substance of a speech
by President . Taft addressing the
tenth annual convention of the Broth
erhood of Railroad Trainmen in this
city yesterday. Several thousand del
egates heard the address and seemed
to like it.
The president spoke to the question
of the right of letter carriers to join
the American Federation of Labor and
his talk was a straight from the
shoulder "no." The question, he said
Is most likely to come up in congress
It presents a serious problem which
the president declared demanded the
attention of the whole people.
PERMITTED TO ORGANIZE.
"I think," said the president, "some
persons have gone to the extreme of
holding that there ought to be no
combinations of government employes
permitted. I think, however, that in
all governments, and I have giveu
some attention to the subject, the gov
ernment employes are permitted to
combine and have associations fo
their betterment, but the proposition
now Is that such combinations should
be allowed to affiliate with trades un
ion organizations made up of the em
ployes of private employers, and to
use the same methods in securing bet
ter terms of employment that are rec
ognized as lawful and Justifiable in the
ordinary trade union; In other words
that it is entirely proper for combina
tions of postal employes and others to
combine in an association to affiliate
with the American Federation of La
bor, and then to hold in reserve as an
Instrument for enforcing their claims
presented to congress for increased
compensation, or the betterment ?f
terms in other respects, the boycoU
and the strike, which are instruments
recognized by the American Federa
tion -of Labor-and .supported and justi
fied by it when used by the trades
unions affiliated in such federation.
AKIN TO REVOLUTIONS.
"This presents a very serious ques
tion, and one which. If decided in fa
vor of the right of government em
ployes to strike and use the boycott
will be full of danger to the govern
ment and the republic.
"The government employes of
France resorted to it and toq the
government by the throat. The execu
t.ive was entirely dependent upon
these employes for its continuance,
"When those in executive author
ity refused to acquiesce in the de
mands, " the government employes
struck, and -then, with the helpless-
! ness of the government and the de
struction of all authority and
the choking of government ac
tivities, it was seen that to allow the
government employes to use such on
instrument was to recognize revolu
tion as a lawful means of securing an
increase in compensation for one
class, and that a privileged class, at
the expense of all the public.
APPEALS TO REASONABLE MEN.
"I do not think that reasonable
minded trades union men who are ful
ly alive to the necessity for rigorous
means to enforce their rights in their
controversies with capital and with
their employers, will fail to see the
broad difference that exists between
their case, in which they are con
tending for the betterment of their
livelihood against the naturally selfish
motives of their employers, and that
of the class of government employes
who are privileged not only in the
amount of their compensation, the
less number of hours of their; employ
ment and the greater permanency of
tenure, and who serve the govern
ment of all the people, the very ex
istence of which will be threatened
should they combine together to quit
the government all at once and paral
yze the benefit, and the equal benefits,
that that government is properly sup
posed and held to confer upon the peo
ple at large."
TO YIELD TO
Diaz Said to Have Ac
cepted Their Latest
GIVEN HALF CABINE1
Also Allowed to Name Half the
. Governors Negotiations
,ln, G-6; Champaign, 4-12.
Peorta, 9; Quincy, 4.
Rock Island, 2; Waterloo, 4.
Springfield, 5; Danville, 4.
Dubuque, 3; Davenport, 5.
Mexico City, May 15. Indi
cations of peace were so strong
that Foreign Minister De La
Barra today declared, "We are
making: great progress toward
END SEEMS NEAR.
El Paso, Tex., May 15. The end
of the revolution in Mexico seems
near. Federal Peace Commissioner
Carabajal this morning received
telegraphic instructions from Mexico
City to proceed with peace negotia
tions along the linee proposed by
Hernandez yesterday and based upon
DIAZ SIGNED ITt
The telegram to Carabajal it is
believed to be signed by Diaz him
self, and it is rumored contains a
formal acceptance by the president
of the propositions suggested.
The propositions are somewhat
different from those hitherto consid
ered, though similar in Intent The
question of the resignation of Presi
dent Diaz, vaguely handled in the'
Diaz manifesto It now is felt, wai
amplified and 'explained sufflclentlj '
by Minister Limantour in an Asso
ciated Press dispatch two days ago,
and the insurrecto leaders are sat
isfied. What they really want and have
been wanting for some time. Is a
guarantee that the reforms they de
sire will be put Into operation and
that they will be able to participate
In the administration of the republic.
To satisfy both these conditions
the propositions now being consider
ed include an immediate reorganiza
tion of the cabinet of President Diaz.
probably by a blanket resignation of
that body, aa occurred some time
ago, and the introduction into the
new cabinet of four members, one
half Its membership, from the revo
President Diaz could remain in
power until complete tranquility is
restored. The revolutionists have no
objection to that. They themselves
have nothing personal, they say.
against the aged executive and are
willing that he retire decorously so
as to permit of a new administration
and a complete change of policy in
the republic, which has been their
A WAITS ACCEPTANCE.
With the acceptance by the fed
eral government of these proposl-
lons, pre-requlslte, arrangements
will be made for a general armistice
INCLINED TO ACCEPT.
Juarez, May 15. Indirect assur
ances that the federal government Is
nclined to accept the proposition
submitted unofficially within the last
two days by the insurrectos for thr
establishment of peace were received
here today by Rafael Hernandez, rn
of the go-betweens in the negotia
tions. GIVE HALF CAIHVKT.
The government is believed to be
ready to reorganize the cabinet and
give the Insurrectas four members
out of the eight and to allow the rev
olutionists to name outright 14 gov
ernors of the 27 states and by mu
tual agreement select the remaining
13 - governors.
- NO FIGHT EXPECTED.
It'is not believed Colon' 'bajro
who last night wac r- n
ing on Juanonal Sporting News
gagement on Page Six. ' I
A Burglar's Awful Deed
difmay not paralyze a home so complete
ly as a mother's long illness. But Dr.
f'King's New Life Pills are a splendid
argued, there existed an adequate rem- hav eu V. . ,nn- ' iD ;y gave me
edr at law. and theref- ft wa, r.m naeriul oeuem in consupatjon and
necessary for equity to bi
soive me corDoraiion. tnn
-e it was noiicit vonJerful benefit in constipation and
in to dis- els ;ma, trouUe," wrote Mrs. M C. Dun-
ff. P of Lea dill, Tenn. If ailing, try
KERLER RUG COMPANY
Carpet and Hug Cleaners and
At your borne er at our fac
tory. We will figure- on your
work for all kinds of cleaning.'
Rugs made from your old
wornout carpets. We sew and
make over, in fact. w do ev
erything pertaining to carpets,
rugs, mattresses and feathers.
1710 Fourth Avenue.
Old phone C9'-J new phone 5134
?m- 25 cents at all druggists.
xml | txt