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Associated Press Exclusive Wire SIXTY-SECOND YEAR. NO. 200. TUESDAY. JUNE 10, 1913. TWELVE PAGES. PRICE TWO CENTS. K ARGUS, mam RATE RULING PLEASES ALL SIDESEEiS Supreme Court Holds States Have Right to Fix Charges. MAY AFFECT EARNINGS However, Railroad People Ap pear to See Loophole That Will Aid Them. Washington, D. C, June 10. Law yers who gathered today at the su preme court to listen to the applica tion of the principles laid down Ly Justice Hushes iu the Minnesota rate eases to rate cases from Missouri, Ar kansas, Kentucky, Oregon and West Virginia. v-re of the opinion rate njakirig both in the states, and before the federal government, had been re duced to a much more accurate basis than ever before. All sorts of opinions prevailed as to where victory ratted In the Minne sota decision. Minnesota state offi- ,Cials In dispatches expressed pleas- ! lire over the result and Attorney Gen- I ral Mcfteynolds and members of the ! Interstate coiunvrcn commission said they -were fully .satisfied. The prospect of congress taking charge of state rates affecting Inter state commerce Indirectly lends en couragement to the railroads that they would escape from regulation by 4." tate commissions. AKH.F. OM.IIT TO fttTlfcFr. The attempt of railroads to estab lish the cost of " reproc cing their property new as equivalent to "their Talue." on whl u they were entitled to earn rates, was regarded as doomed. When the federal court of Minnesota adopted that basis it allowed a rail road to multiply the normal market . ralue of land by two In order to ar rive at the cost of reproducing new right of way outside of the big cities of that state. . Jus! tea Jiughes Held there was no place for hypothetical multipliers in fixing a "fair value" of railroad property upon which the pub lic must pay a return and that ra roads ought to te satisfied ir a "fair average market price" was given their land, free from hypothetical additions, that would enable the rallrouds to en Joy the benefit of general prosperity of Jhe country by receiving a return not only upon the original investment, but on the increase in value of their investment. SUMMATION lllHKF.n. "Where the inquiry is as to a fair Talue of property," said Huuhes, "In Order to determine reasonableness of return allowed by Oie rate-making power, it la not admissible to attribute to property owned by carriers a specu lative Increment of value over the amount invested in it, and beyond t.he value of similar property owned by others solely by reason of the fact that It Is used In public service. That would be to disregard the essential condlt'ons of public use and make the public use des'ructive cf tie public right." Members of the house and seriate, when asked their opinion as to wheth er congrens would soon exercise the pocr found by the court to rest with it, to regulate such statue rates as af fect indirectly interstate commerce, were not inclined to set forth at first blush w ith a plan to reverse the policy of the federal government through the last 100 years of leaving such, rt gula t'on in the hands of the sta'.es. The decision Is of momentous im parlance to the country, rivaling in i's effect those rendered In the Standard Oil and tobacco trustcases. j It sustains the poer of state legis latures and state railroad commis sions In the absence of conflicting national legislation to fix 2 cent or other rates on business exclusively within the state, provided such rates are not confiscatory and even though uch rates incidentally affect inter Hate commerce. It makes the railroads subject to the eon'rol of forty-eight state commis sion! and legislators, as well as to the Interstate" commerce commission. Wll.l. AFKKCT Hill. IUHVIM,?. The decision wi'.l affect railroad arnings In Minnesota and in other States where the intrastate rates are lower than in'erstate rates, since the latter necessarily must fall to the level f tie Intrastate rates. It announces the refusal of the courts to provide a system of railroad regulation, holding that this lies solely within the legislative power of the gov. eminent. It holds that he showing on valu ation made b the Great Northern and Northern Pacific was not sufficient to demonstrate that the rates wer? confiscatory, and they will therefore to into effect; but the rates fixed by the Minnesota authorities in the case ef the Minnesota and St. Louit rail toad company are confiscatory and I $20,000,000; in 1S90 it was less than therefor will not go Ir.to effect. a million. Importation into the Unit- Incidentally the decision leaves the.ed States will be only $:50,000. J forecast Till 7 p. m. Tomorrow, for Roek Island, Davenport, Mollne, and Vicinity. Kair tonight, Wednesday partly cloudy; slowly rising temperature; mwierate to high winds. Temperature at 7 a. m., 50; highest yesterday, 64; lowest last night, 44. Velocity of wind at 7 a, ra., 7 miles per hour. Precipitation, none. Relative humidity at 7 p. m., 38; at 7 a. m.. 60. Stage of water at 7 a. m., 7.9; a fall of .1 in last 24 hours. J. M. SHERIER, Local Forecaster. ASTRONOMICAL EVENTS. Evening star: Mercury. Mornlnfr stars: Venus. Saturn. Mars. Jupiter. Twin stars Castor and Pollux of con stellation Gemini seen approaching the west-northwest horizon about O p. pv way open for Minnesota shippers to begin action to recover $3,000,000 tak- ien by the railroads in ireignt over I charges since the law went into effect. f'OIITV OTHKR C ANF.X INVOLVED. Fcr eighteen months the supreme court has been wrestling with this im portant legislation. Affecting the railroads of the country so vi'ally, and i involving a principal present in forty i cases, the decision has been awaited with the most intense interest. The. Issue related to the validity of an order of the railroad and ware house commission of Minnesota in connection with the establishment of maximum freight rates and a 2 cent passenger rate between poin'a in the state. The Great Northern. Northern Pa cific, and other railroads obtained an injunction from the United States cir cuit court fcr the dis'rict of Minne sota, against the enforcement of the crder. 0TKTIO OF Rtl.Rfltl)i, The main contention of the rail- ; roads in appealing to the courts was that the attempt of the state to fix n rate over an Interstate road, even be tween two points within the state where the rate fell below the inter-1 state rate approved by the interstate commerce commission covering" prac tically the same haul, was a burden Upon intersta'e commerce. The supreme court gave this con tention a body blow by saying that, in the absence of any action by congress regulating sveh matters, the state has full authority to prescribe the rate be tween points within the s'ate, regard less of whether it is uniform with the interstate rate covering the same traffic zone. DECISION HEETI W II.SOVS VIEW. With this -view. President Wilson is in full accord. He was a member of the governors' conference held at Spring Lake, X. J., in the summer of 1911.. This conference adopted a resolution presented by Judson Har mon, then governor of Ohio, appoint ing a commission to prepare a brief on behalf cf the states in support of the contention that the states had the power to control their local rates, even over the interstate roads. National interest in the matter was further heightened by the fact that Missouri, Arkansas, Kentucky, Ore gon, and other states have fixed in trastate rates to regulate shipments w ithin their borders. POLICE CHIEF IN A CRIME WARNING Washington. D. C. June 10 Tre mendous growth of wealth with a contequent increase in the number of "idle rich" is producing a class of ctiminals in this country almost faster than the police can cope with i ac cording to a report of H. Borland of Missouri, who addresssed the conven tion of international police chiefs to day. Borland .declared the "idle rich" set a pernicious example in their search for amusement, and aroused a desire of emulation in the minds of persons of small means. The result, he said, was to tempt poorer folk into indiscretions and crime to obtain money to gratify newly acquired tastes. Cabaret Bhows, he declared, were one of the main causes of the spread of the social evil. Ford Public Printer. Washington. D. C. June 10. The president has nominated Cornelius Ford. New Jersey, labor leader, to be public printer. De Moines Veterans of the Civil war who served in Iowa regiments be gan to assemble in Des Moines for the "home-coming" and encampment, which opens Tuesday. It Is expected hundreds of veterans from all parts of the United States will be in attend ance. WORLD IS BUYING FOOTWEAR OF US Washington. T. C, June 10. All the world Is coming to the United States for boots and shoes, according to the bureau of foreign and domestic com merce, from which a statement today declared about a hundred countries and dependencies are buying that class of merchandise here. For the fiscal year ending this month it is es- - ; titrated the sales abroad w ill total THE WEATHER CHARLTON TO FACE JURY IN ITALY COURT Supreme Bench Overrules Pleas Made for Wife ' Slayer. BODY FOUND IN A LAKE Young People Quarrel Shortly After Marriage and Husband Ccmrr.its Murder. Washington, D. C, June 10. Porter Charlton must return to Italy to an swer a charge of having murdered his wife ii June. 1910, at Lake Como. The supreme court so decided today. Justice Lurton delivered the opin ion. He said no error had been con mitted in excluding evidence of in sanity at the habeas corpui proceed ings in the lower court, and that no error had been committed in making a formal demand for Charlton because it was not necesrary to demand at the extradition hearing. On the main point in the case, whether under the treaty of 18S8 an American citizen could be extradited to Italy for a crime committed there particular. y since Italy will not ex tradite its subjects from crimes here. Lurton taid the refusal to surrender citizens for extradition was of mod em origin. Some American treaties frovided citizens shall not be extra- dited, while others are sHent. 0 l.l SilOX OF C'Ol'RT. "The conclusion is," said Lurton, "that this government in making ex ception in seme treaties that it would not extradite its citizens, shows it was fully aware there was no exception in favor of citizens in other treaties where the exception was not made, as in the treaty with Italy." Charlton has been a prisoner in the Hudson county, N. J., jail nearly three years. The killing of Mrs. Porter Charl ton stirred Europe-- and America. as have few . murders of recent yeare. With the discovery of her crumbled body stuff od into a trunk ant' sunk in Lake Como, Italy, where she had been with her husband to spend her honeymoon, both conti nents turned to search for the mur derer. . The first great problem to solve was j the whereabouts of the 21-year-old husband who, as a -bank clerk in New York, had married the woman, eight years older than himself and the di vorced wife of Neville H. Castle, a San Francisco lawyer. - His father, Paul Charlton, law adviser of the bureau of insular affairs and former President Taft's classmate, was firm In the con viction that his son, too, had been murdered. That question was solved when Porter Charlton, with his jnitials marked on his suit case, arrived on a steamer from Italy, a few days later at HobwUen, N. Y. That night there appeared a confession bearing his name. "My wife and I lived happily to gether, but she had an uncontrollable temper and so had I," read the con feesion. "On the night of the murder shi had the worst outbreak of tem per I ever saw. I told her to keep quiet or I would make her keep quiet. Then she had another outbreak. I took up a wooden mallet with which I had been repairing a tabie and hit her on the head and body two or th:ee times. At midnight I put the bedy in a trunk dragged it to a small pier near the ho'use and threw it over board." DIPLOMATIC PROBLEM. With the acceptance of the confes sion as a solution of the crime, there arose almast at once the diplomatic problem of Charlton's extradition. It was admitted on all hands that Charl ton could not be tried in the United States for a crime committed in Italy. His friends, headed by his father, took the position that he could not be ex tradited to Italy because Italy had alv.ays refused, under the extradition treaty of 1866, to return Italian sub- tjecta to the United State to answer fcr crimes committed here. Italy, however, made a request for the prisoner. Secretary Knox parried by asking if Italy thereby meant to waive its past interpretation of the treaty. Months of diplomatic ex changes followed. Judge John "A. Blair of Hudson county, N. J., sitting as a federal ex tradition magistrate, held Charlton arbject to extradition. The court de clined to receive evidence of Charl ton's Insanity on the ground that un do the law of New Jersey defenses rould not be mads at a preliminary hearing of the nature then before the court. . Secretary Knox approved that hold- i taking the position that inasmuch j as Charlton could not be brought to answer for the crime in this country, i l&e United States would adhere to its interpretation of the treaty by sur- j rendering him to Italy FATHER I FIGHT. Charlton'a father then began the las; fight to save his son from extra- SUGAR LOBS TO BATTLE I SAYS CARTER Washington, D. C, June 10. Former Governor Carter of Hawaii testified at the "lobby" hearing today that he iad been sent by the Honolulu cham ber of confiherce, and was serving without remuneration to "give infor mation about sugar." Harry Irwin,' he I said, had been sent by the Hilo board of trade. He said he had prepared a brief, bad talked with senators and tried to see the president. He main tained offices, with f stenographer and a clerk, from w lich newspaper advertisements and "bulletins" were prepared and submitted to a commit tee in New . York representing Hawaii an sugar factories. New York men approved several advertisements pre pared here, he said. Carter said domestic Sugar produc ers working Washington took in "ev erybody raising sugar under the American flag," and had spent "some thing less than a hundred thousand" in their fight. A "Mr. Mead" handled the money. "We propose to keep some one here to continue the fight as long as the right of free speech exists,", said Car ter. dhion. He applied to the circuit court of the United States for New Jersey for his release on habeas corpus pro ceedings, holding that the treaty did not Justify the extradition and that evidence of sanity should have been recc-h'i. The circuit court refused to grant his release, but Charlton ap pealed to the supreme court. It was this appeal that was acted upon to day. As evidence of Charlton's insanity, his counsel offered to prove that as a child he had fits of extreme rage gi'-ing as one instance his begging to be permitted to take vengeance on a norse tnat naa run away with him. An other instance referred to was the oc casion when Paul Charlton, his father, inquired as to bis son's resources, when told of his marriage, the result being that the son refused to dine with him and later, on his honeymoon trip, wrote to his father a letter "so full of foulness and abuse that the father destroyed it unread except a glance through it to see its purport." Evidence was offered to show that the family history of Porter Charlton supported the claim of insanity. Coun sel offered to offer testimony on the medical history of the murdered wk'e to show she had once been confined in an. institution in New York, suffer ing from erotic insanity. It was ex plained that her condition was im portant as bearing on Charlton's men tal condition. FIREMEN CAUGHT BY FALLING WALL Chicago. 111., June 10. Fire early ' today destroyed a three-6tory building j occupied by the Shavings and Saw i dust comnanv. The loss 13 1175.000. Fireman William Lefleur was partially ; buried beneath the debris when a w all j was blown out by exploding sawdust. I He suffered severe Internal injuries. THE OSTRICH RILL TO SEPARATE BLACK AND WHITE Washington, D. C, June 10. Repre sentative Aswell of Louisiana intro duced a bill to separate white govern ment clerks and employes from ne groes. Representative Ehannessy introduc ed a resolution for an investigation of the American beef packers' interest in the Argentine cattle industry. senator Lewis introduced a bill to -give the interstate commerce eoratrds slon control over all stock 'issues of railroads other than common carriers. Senator Newlands introduced a bill to amend the Erdman act in the man ner suggested by railroads and labor organizations. TO END LOBBYING IN STATE CAPITAL Springfield, 111., June 10. The house took drastic measures today to stop the activity of lobbyists during the remainder of the session. Flagg in troduced a resolution, ; which was amended by Igoo, providing that all persons not entitled to the privilege of the floor aud including former mem bers who are entitled to the floor, be barred from lobbying. SERVIANS HEAVY LOSERS IN FIGHT London, June 10. Many Servians were killed in an encounter between Servian and Bulgarian troops near the small town of Makres, according to a dispatch. Further conflicts are ex pected in the same vicinity, as the Servians Monday notified the Bulgar ian commander unless he evacuated i the town of Volodan by 7 in th even ing, the Servians would bombard la tip, now occupied by Bulgarians. COURT SUSTAINS NEWSPAPER LAW Washington, D. C, June 10. As In terpreted by it. the supreme court to day upheld the constitutionality of the newspaper publicity law enacted as part of the postal appropriation act of 1S12. A bitter fight was made against-the law, which, it is said, affects more than 25,000 publications in ihe United States. ' Speaking of the clause requiring the marking t,t paid-for articles as adver tising. Chief Justice White said this requirement was cognate with the pol icy of the government, from its foun dation, to make expenditure of vast sums, to afford low mail rates to news papers bring some adequate returns to the public. Remarkable Air Trip. Eerlin, June 10. Des Moulinais, a French airman, made a remarkable flight this morning from the Villa Coublay, near Paris, to Johannisthal aerodrome, going a distance of C74 miles in 7 hours and 4 minutes. He made only one landing. ( WORRY amD -S --ii ' f SENATE PUTS ANTI-SALOON BILLS AHEAD Springfield, 111., June 10. Two antl saloon bills passed by the house last week and reported in the senate today- precipitated a fight over Wilson's residence district bill, which was bit terly opposed by the "wets" of Chi cago. Glackin opposed advancement of the bill to second reading, declaring it would put out of business every sa loon in Chicago outside the loop dis trict Cleary denounced the license miscellany committee, to which it was proposed to refer the bill. The chair man of that committee, he declared Indicating Etellson, had boasted to blm that this committee was the grave yard of temperance legislation. Ettel son denied the statement. Cleary pro tested against sending the bill to a committee that "is planning to kill all legislation offered by the decent people of the 6tate." Senators Denvir, Clark, Cleary and Juul addressed the senate on a ques- tion"of personal privilege before the senate went to a roll call on the dis position of the bill. Lieutenant Gov ernor O'Hara held Cleary's substitute motion out of order, a motion to per mit the bill taking precedence over a motion to advance. Senator Cleary then moved to table the Glackin mo tion to send the bill to the committee on license and miscellany. Both Cleary- and Glackin asktd for a roll call on the motion to table. On run can, me uiacKin motion, was tabled, 31 to 17. Cleary then renewed his motion to advance the bill to sec ond reading. Another roll call was demanded. It resulted: Ayes, 30; nays, 17, and the bill was advanced to second reading. Landee voted with the ayes. The other temperance bill, house bill 215, prohibiting the location of sa loons within four miles of the Univer sity of Illinois, was advanced to sec ond reading, witnout committee ref erance, on request of Senator Hur burgh. .. Ferry Sinks; 50 Perish. St. Petersburg, June 10. Fifty per sona were drowned in the sinking of a dilapidated ferry boat, crossing the river Teheptoa on Russian Ascension day, June 5, says a dispatch from Vyatka. O'BRIEN FAILS AS FIGHT PROMOTER Philadelphia, Pa., June 10. Joseph F. A. Hagan,' known as "Philadelphia Jack O'L'rien," a pugilist and fight pro moter, filed a petition in bankruptcy in the federal court today. His liabil ities are $102,000 and a: sets $10,000. He built a large hall in Ves Philadel phia to stage six-round bouts, but the venture .vas unsuccessful. Among the creditors is A. J. Blddle, prominent in society, who with O'Brien had giv en a number of boxing shows to which a select few were invited. They were given in the handsome home of Bld dle. Biddle'a claim is S4.S00. HOMERULES TAKEN OUTOF UTILITY BILL Illinois House Strikes Clause Allowing a Lo cal Commission. ONE BODY IST0 GOVERN Municipalities Desire Remedy, It Is Claimed, to Escape Politics. Springfield. 111., June 10. By a vote of C9 to 57 the house killed the "home rule" feature in the administration pub lic utilities bill. In its amended form the bill was sent to third reading, and Chairman Rapp said he would have it engrossed and in readiness for passage Thursday morning. The administra tion public utilities bill, reported by the house committee on public utili ties, came up on second reading under a special order. Representative Mun- roe, progressive, offered an amend ment striking out article six, which carried the "home rule" feature of the -administration measure. . CJETH INTO POLITICS. "Those who have objected to two commissions, or to one hundred com missions, as this bill authorized," he said, speaking for the amendment. find the basis for their objection in the fact tlftt municipalities make po litical issues out of utility questions." Gorman of Peoria, a member of tha legislative commission that had stud ied utility subjects for two years, con curred, he said, with the purpose of the amendment. The reason for the states taking up the subject of utili ties, Gorman said, is owing to a lack of facilities in cities to cope with these questions. "In our investigations," he said, "we found that state commissions were able to employ capable men to han dle all utility questions. '; " tlTKS HOME TOWJ.. One condition we found that made the work of state commissions so successful was the removavl of utility questions from local conditions and politics. This Is one of the most Im portant subjects hat has ever been presented to the Illinois legislature. Of all the cities we visited, my home town, Peoria, was one of the most en thusiastic for a state commission. We found that nearly all the cities we visited were in favor of one state com mission.'' Representative Holaday, another member of the legislative commission, supported the amendment striking out the "home rule" article. WHALLEY GIRL IS fINALLY A WIFE Stamford, Conn., June 10. Jere Knode Cooke, an .unfrocked Episco palian clergyman whose wife recently obtained a divorce, and Floretta Whal-le;- with whom he eloped six years ago, were married in the parlors of a local hotel this morning in the pres ence of a party of friends who came here with the couple last evening. Mr. and Mrs. Cooke returned home to New York shortly after the service. Two children have been born to the p- tin.- their elopement. Since his expulsion from the ministry Cooke has been working as a house painter in New York. MURDER PUZZLER IN MISSOURI CITY Harrieonville, Mo., June 10. Arthur Kellar, a railway employe, living near here, was murdered with .an ax in his home last night and his 7-year-old daughter seriously wounded. A blow aimed at Mrs. Kellar struck the side of the bed aud awakened her. She leaped from her bed, and struggling with the murderer, drove ' him from the house, She gave an alarm to neighbors, and a posse is searching for the slayer. Nathan Kellar, brother of the mur dered man testified at the inquest that Arthur carried $1,000 life insurance and that bis wife was the beneficiary. According .'to other . testimony th family life had not been happy. Mrs. Kellar was on the stand an hcitr. Her description of the murder er was vague. According to author ities who went to the Kellar home after the murder, it was brought out that Mrs. Kellar, when she appeared at the neighbor's home and told of the tragedy, "carried a bloody ax la . her haad and wore night clo-hrng. She said she picked up the ax la tee J tack yard.