Rock Island Argus., June 10, 1913, HOME EDITION, Image 1

About Rock Island Argus. (Rock Island, Ill.) 1893-1920

Image provided by: University of Illinois at Urbana-Champaign Library, Urbana, IL

                
THE ROC
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.