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Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, December 05, 1911, Image 1

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miMi.NH orriuMK.
VOL. 94. NO. M.
Albuquerque, raw mixioo, Tuesday, December 5, 1011,
voi i. no. a io.
Executive DmUtm That There
jwts Calling for Attention That It Is Hit Possible for
Him to Include Them All in One Document and He
Will Send SeriH of Communications to Congress From
Time to Time Treating on
Court Decisions and Cases
Are Discussed Frankly
(Br KveaJas; Herald A. r. lad Wlret
Washington, Dec. 5. Tho first ut
a scries tit presidential messages, In
which Mr. Tnft deals wllli various
Issues Ihul form a purl of hi admin
istration, wan sent lo congress when
It met today.
Tlio mcssngo U am follows:
To tho Senate and Ilounu of Repre
sentatives; Tills messago U tho Ant of several
which I shall send lo congress during
tho Interval between tho opening of
Its icgular session nml Ita adjourn
tnent (or tho Chrlstnma holidays, Tho
nniounl ot Infornintlon to hu com
munlcntcd ni to tho operations ot tho
government, tho numher of Important
subjects calling (or comment by tho
executive, piiiI tho transmission to
congress of exhaustive reports ot spe
cial commissions, iiiuke It Impossible
to Include In one mcwwKe ot a reason
able length a discussion of tho topics
that ought to bo brought to the attett.
tlon of tho national legulattwe at lis
drat regular sesskMi,
Tho Antl-Truet Law Tha Supreme
Court Deeielens.
In May last the supreme eeurt hand,
ed down decisions In the suits la
equity brought by the United Heat
to enjoin tho further Rwlntpficnee t
the Standard Oil Trutt and ( 'ha
American Tobacco Trutt. and k
euro (Mr dleeolutlon. Th de4slHis
are epoch-making nml m rys lo advise
tho bustnws wml.l .-iwmrtta44yiIy W
tha scone and operatbw tt tm imm
trust act of ISe. The tt-Wona
ut depart In any auaMMgatftl waflf,
Ija ' hMUaLua , f .l-sjysjLsjAeBj' aMA
1 1 ii in vjgjap wfsS lsaaBBfuBBj w m wr
court m cftlrtK and nlyiHc ted
Impottanl statuta, but they clarify
theee decWomi by further dnls
the already admitted execpikHWi to the
literal cMatructlon of tho act. By
tho decrees, thoy turulah a uselul
precedent aa to tho proper method ot
dcalliiK with tho capital and proper
ty of Illegal trusts, These dvclalona
suggest the need and nlado.n of addi
tional or supplemental legislation to
make It easier for the entire commun
ity to sauaro with tho rulo or action
und IcgaMty thus finally established
and to prcarvo the benefit, freedom,
and apur ot roaaonnbto competition
without iosa of real ulNclcncy or
No Chan$e In tha Rule of Oeclalen
Merely In I la Farm of Expression.
Thu etaluto In Its nrst Mcctloti de
clares to bo literal "every contract,
cetuhlnatkHt In tho form of trust or
otherwise, or conaplracy, la restraint
of tradu or eomro a mows tho aov
cral stateo of with fereln nations, '
and in th ed, declares Kullty ot a
tnlsdeamaanor "every tieraon who
ahall iHOttoftoIlM or attetnpt to twin
opdlM 6f cowblno or conaplro with
any other iHifson to '.nontwolUo any
pcrt Of Out tradu or cohihwco ot the
aeveral aMI or with foreign im
In two arly cmm, when tho stat
ute was Invoked to enjoin a trnHniHK
tathm rata ametnoHt hctwMU Inter
atato ralktmd cuaipaalca, K was held
that It was no difehso to Lhew tunt
the nsretwoHt as to latJs complnlnvd
of whs roHtldo ,t common law, be.
causo It wh mM thai the statute Was
directed analnst nil contracts and com
l nations in restraint of trudo whether
jentfoHabhj at common law ur not. It
i!h) from thu rocont howctor.
that tho contractri itii'-tpialned nf In
thoso catms would not havo been docn
od reason Wo at common law. In
HubsoqHewt caftca ho court said that
tho atatuto should bo given n reason
able coMtructlon and refused to In
clude within Ita Inhibition, certain
contractual restraint ot trado which
It dcnoMlnatod as incidental or as
' Thcio catcs of restraint of trado
that tho court excepted from thq o
eratlnn of tho atatuto wcro Inatancea
which, at common law, would bar
boon coifed rMionablo. In tho Stum'.
srd Oil mi Tobacco case, tkctefor.
tho court Merely adopted the teata ft
tho camaawt law, and In d)Hhi)t cx
eeidkMMi Ut 14m literal aulcatlon cf
the atatMta. only anbttltuttd for the
tt of M: IncltkwtAl or lndiret
tWtt ot Mate reasonable, awd that,
wlttem-t VAfywa:, In tho silahteU ta
actual tmi& nd tlfect of the atatuto.
In othr'wrda, all the caaoa uadar
tha ottttf whkh have now hum ski
eWad wswM IKtva been dcd4 tk
swo way M the court had originally
accepted la Jta eoaat ruction the ralo
It IMM lam aatd that tha odurlt by
latroduaiwot hxo tha coast rttct toft of
tho tto4 eomHMMi'law dlatlHctkaax,
amaiaistaUd it. Thle la ofcVMMtaty
m- r.m &imni ovary eo
turn atMi eaa4natto In rcatralnt ot
httarataea Moaato mad with the imr
hsm me mmmmry 9ffaet of eoatroWiaa;
prises Imt atlftlac MamiMrtttlam, or at
tstiisjMsH In whola or la (tart a
iwiiaaasaiy ot aueh truda, la nMMawtsM
ttat aaaiaia. 'fh anoat aainm
ftritltw oaat aex- inalaaic a aoa that
Are So Many Different Sub
Various. Subjects; Supremo
That Have Been Taken Up,
by Executive.
stntnto whlclr I Rot brought within
Ita tcrma na thus construed.
Tho suggestion Is also made that
tho supreme court by Ita decision In
tho Inst two cam has committed to
tho court tho undefined and unlimited
discretion lo dotormlno whether a
com of restraint of trade In within tho
forms ot tho statute. This la wholly
untrue. A rvasennblo restraint of
trade at common law Is well under
stood and la clearly defined. It does
not rest In tho discretion ot tho
court. It must bo limited to accom
plish tho mirnoso ot a lawful main
contract to which, In order that It
shall bo enforceable, at all. it must
ho Incidental. If It axceod tho needs
of that contract, It Is void.
Tho tost ot reasonableness was
noyor applied by tho court at com
mon law to contracts or combinations
or conspiracies In restraint ot t ratio
Whoso tmrpoKo was or whoso neces
sary effect would bo to stifle competi
tion, to control prices, or establish
mH(Het4e. Tho courts never ascum
I'd powor to say that such contracts
W combinations or conspiracies might
bo lawful It tho parties to them wero
wily moderate In tho u or (ho power
ItHo sonred and did not exact from
rim public too groat and exorbitant
w. It la true that many theorists.
and othsra enaaaod In mtaJHoea violat
ing tho statute, have hoped tnat somo
Mtwti lino could bo drawn by courts
mh1 M otHMt of attltorlty baa ever at-
tmiKloii it. i;fwwy inoro ih smbihr
Im thn doclatoM of the latmt two
a HH.W wmm mek a danHoretw
hhsiili J lnJls4ad-iHacrorton In mfnrc.
I toe this alntutc cm derive tho slbrtf"!
sm MRCllOM.
For co antl Erfecllverma of Statuto a
M44r of Growth.
Wo havo been twenty-otto years
innklDR this statute effoctlvo for tho
purposes for which It was enacted.
Tha Knight casu wns dlscouraKlnK
and seemed to remit to tho stales
tho wholo avnllablo power to attack
and suppress ihu ovlls ot tho trusts.
Slowly, howavar, I ho error of that
Judcmont was corrected, nml only In
tha last three or four years has tho
heavy hnud of tho law been lultl upon
tho Kfonl Menu! combinations that
havo exercised audi an ahanluto do-
liilnlnn nvnr tunnt lit mtr Inilttatrlnii
Criminal prosecutions have boon !
brought nnd n number are pending,
but Juries havo felt averse to convict
Init far Jail smteflccs. and ludKca
havo been moat reluctant to ImpoBO
auch sentencoe on men ot reapectable
standing In society whoso olfenso has
been regarded as merely statutory.
Still, an tho oHonao becomes better
understood und tho committing of It
partakes more of studied and dellb
ornto dellanco ot the law, wo can ho
confident that juries will convict In
dividual and that Jail ritnces will
bo Imposed.
The Remedy In Equity by DltKfutlen.
la tho 8tandard Otl case tho an
premo nnd circuit courts found the
combination to bo a monopoly of tho
luteratnto buslnoea of rennlnx, trans
porllHK, nnd marketing petroleum and
Ita product, effected aHd maintained
throntth thirty-seven dlfforvnt eoriMra
(Ions, tho Block Of which whs hold by
a Now Jersey cumpany, U In oftect
communded tho dhwolutlon of this
combination, directed tho transfer
and pro rata distribution by tho Now
Jersey company or tho stock held by
It in tho thlrty-soven corporatlona to
nnd anions Its stockholders: and tho
corporations and Individual defoitd
unts wcro enjoined from conspiring
or combining to restore auch monop
oly, and all agreements between tno
Hiibsldlary cnrporatloas tending to
produco or nrinK auout runner vtota.
tlous ot tho net wero enjoined,
In tho tobacco case, the court found
that tho Individual defendants, twen-ty-ntuo
lo number, had been encaged
In a successful effort to aequfra coat
nlote dominion over tho manufacture.
sale, and distribution of tobacco In
this country and abroad, and that (his
had been done by cotniaKHw inaaa
with a mirnoso and effect to stifle
compel lllon, control prices, and eitab-
imt a monoK)i)', noi oaiy in ino hmsu
fact u ro of tobacco, but nko of tin-rolt
Mill llcorlro used In Ita maaufacttHfo
aad of Ita producta of clr, clfar
ottes, nnd snuffs, Tho tobacco suit
Keeentod n far more ootnidlcatod and
aHMttilt caao than th Rtandard Otl
mh for a decree which would offattn
ata tho will of tht. court ami ed taa
vMatlett of tho atatH'.o. There waa
hro ho single kofwtas company as
In the case of tha gtandard Otl trust.
Tho NWlft company waa tfc Aworwaa
Tobaeoo cowpany, a mtacHrr,
silliHt, and hoWims cow pan.' Tho
Kb adopted la dasfy Um caHbta.
a and roetoro iwstmHHtoN lnvlvd
tho redlvlsloft trf 14m capUtt and
4anta nf tho wh4o trutt htwat
mm ot tho campiKieai eaueti'nUaa;
ihc trust ad r.ew ,oomaa'w( raja
lard for the iHraa ot tne dcr
Feminine Voters in Los An
geles, Harriman Deolare,
Will Save Him in Rattle of
Rallots; Election Day Fair.
(R KmbIbk Hernia A. I. Iaard Wlri
l.o AnHclea, Doc. R. Klectlon ilny
here downed clear and bright nnd a
heavy early morning vote was polled
Th Various votinK places, 218 of
them, wero opened ut 0 a. ni., und will
remain "pen until 0 p. m.
In those precincts where what la
known na Urn "Inltor" vote In heaviest
the curly voilnn wan spirited, t.ontt
lll.es of rnrii and women were In wait-
Intr when tho Judges opened the polls.
M vitutti of tho heavy registration of
women many of the precincts were
divided Into twt or three voting places,
Thouah the early voto wan hcuvy
there were no signs of disorder. Tho
proportion of men and women voting
early seemed ubout equally divided.
leaders for both tho Oood Govern
mcnt and Koclallst forces claimed the
big early vote presaged victory for
their candldaUa. The good novern
niriit forces declared It was simply n
metier of counting the majority for
Alexander, many of them not being
willing to admit that llurrlmnn, Hoclal.
tst candidate for mayor, had even n
On the other hand Ilarrlman'a lleu
ttnanla claimed he would win by not
less than 10,000, They based their
hopes, they raid, on the large regis
tration of working women.
"Wo havo more women registered
than tho Alexandor forces," milfl one
Iraclur. ' nod wn only havo to muke up
n ilrHiit of about 8.000 votes nx Hlinwn
by thu primary, to elect llarrlman."
lloth (idea hnvn many nutomoldtes
h u! getting out their full strogtli
and cHtlm more than SO per cent ot
tho approximately 15,000 registered
vnlra will cast their ballots.
AftMM-Mtttl ClwrlllcH of (.'olorndo
twlugx I'n iuini to llxtcm! Aid to
DtTttltuto (IhIiii lloltb'ni.
(Rr Kvatav MerelJ A. I. vntt Wire)
CVilorndo Hprlniix, Colo., Dee B. -
Thu local Associated Charities Is
pcrfrrtlnB a plan to rnlso funds for
tho relief of residents In tho dry
farming sections of eastern Colorado,
who are suffering from crop fulluro
caused by lung drought.
(Br Evl Htrald A. r. iumt Wlral
Ht. 1mi, Dec. B. United States
Dkttrlct Judgo Jacob Trleber today
quashed tlio Indictment against K, O,
Lewis, charging til in with ualng the
iriall to defraud, and upheld 'the
Plena In nbatament filed by tHo Ht
torniiya for Harry M. Coudrey and
tho other defendanta In the Twin Inr
aurance' (iloa except Harry I). tin ni
While Admitting Many of
ike Statements Against
Them They Assert They Are
Xot Restraining Trade.
(fcrf HrrB4a HsraM A. P. I.ad Wire)
Denver, Do. C Tho Colorado and
Wyoming l.umbor Dealers' ataocla
tlott today filed In tho federal court
an anawer to tho government's suit,
charging violation ot tho Sherman
anti-trust law. Admitting tho truth ot
many ot tho contentions not up In tho
camylalHt tho attcwer dealos that the
dotewdant a asocial km Is eHgagcd In
restraint of trado In any way and
that Ita principal duty la tho dlssoml
mUtm ot iNfortnatteii t tho lumber
The aasoelatioM catnds that by
the natural laws of trado retailors IH
afty nHi object ta wholeaaloni acllln
ainset to eoumrs and that such
sadea are made etdtlnly. The
awer delarea that there la no black
Mat and that each member acta as he
m at when Informed of tho Ra:n
f wMdoiaters who aoll direct lo con-
$ a$W aaft)NMs4MeT 'jMI fa M4"lamJ Ml
WaaklaatM, Dec 6. Atloraef.
Meaiayal Wfekerakawt Wa tan .
MUahMly 111 whllo attmltHf the
aMt aeaalon today. Mr, Wtefc.
ssmImm waa reported not to H
In aarlous danger.
Delegate U Big Congress t
from All wcr Weet and
from a DM Foreign Coun
tries Meet igain Today.
Amendments to the Federal
Statute Are Urged by Pres
ident Fowler in Address on
Reclamation of Land.
(By Rvfnlaa; ItrraM A. I. Uaud Wf
Chicago, Dec. Gr-Kxpcrts In Irriga
tion from many of' tlio western states
nnd from n dose foreign countries
Including Mexico, Canada nnd Ccn
t.al and South Anerlca and govern
ment officials Interested In tho rec
lamation ot nrld and swamp land, nt
tended tho opchIbc ;oday of tho nine
teenth annual meeting of tho Natlonul
IrrlKatton consreaa.
Dr. F. II. NoWell, director ot tho
United States rectematlon service, It.
P. Tenle, in chnrjru of Irrigation sta
tistics of tho bureau ot census, and
Senator William K. Ilornh ot Idaho
were tho chief speakers for this alter,
noon An encouraging mcssago from
1'rcaldcnt Tnft waa rccolvud.
President llenjamln A- Fowlor,
speaking nt tho wcnlng of tho N'lno-
tocnth Annual Irritation congress, ad
vocated nmondHMCita to tho nntional
Irrigation net aneUurged tho rcclamn
Hon ot swamp atnris as two ot tho
most ImiHjrtnnt, matters (or dlscusslou
by tho conxreec.
"More than nlno yt-ara have passed
slnco tho mttlotwl, irriKatlon net be
came n law nnd tho reetamatlon serv
Ico was orajanlxod," said President
Fowler In taking up tho subject of tho
proposed amendment. "As anticipat
ed by Ita friends, tho act has In ptac
ttco demonstrated soiuo weaknesses,
which could not ' bo 'foreseen, but
ought now to lie corrected.
'!. Tlio tlmo H hi It nt tun yoara in
which to return te tho Kuvornmcut tu
equal annual iwymcmta thu eoat ot
coiwtructloA of a inject la now recog
nUoil oa too short, and tho nocosatty
of nn oxtcnaton Is Hdmltted.
"2. Theoretically, Irrigated lands
under any government project ought
to furnish tho host of security for con
aervatlvo mortgage loans at low In
terest. Hut outnldo capital hesitates
to offer Itself for auch loans bccnuiu
in case of foreclosure, tho act oper
ates against the mortgagee and pre
vents him as a non-roslduut from se
curing title.
This ought to bo remedied In tho
Interest of both sides.
"3. Kxpuricncc has xhown Hint
when any project Is moro than half
completed, ncrciso property has so
appreciated In valuo that thu oppor
tunity for tho speculator us such or
thu largo capitalist h gono forovor,
nnd tho tlmo tins come when tho own-
or should uo longer bu required to
Ilvo on thnse lands."
RcgnrdltiK tho reclamation ot swainn
lauds, PrOsiuunt Fowlor said In part:
"in addition to tho land area avail
able for reclamation through irriga
tion, thoro nro about clhty million
acres of swamp ami overflow landt
not now inhniiiiautfl but susceptible
to drnlnaga.
'Though Uipso wet tandn aro most
ly nlong tho Uulf nml Atlantis slopes,
with consldornblo areas in tho Pa
cIMc states, tiny are distributed
throughout oven atate, Oenoraliy ut
great fertility they would It reclaim
od, ndslalu a populaMon ot flO.OOU.iiuu
of people Willie net yet settled or
cultivated, oxcept In a small way, most
of tho wet lands have been ceded to
atatcs nnd havo passed into prlvato
ownership. Hy far tho1 grentor ir-
tlon of tho area ttor eaample, In tho
lower Mississippi rete, Is bo lo
cated that drainage projects would
necessarily affect several stfiten, so
that tho dralnagn prefekmi Is uMscnt
tally Interstate, involving federal ac
tion with that of tbo states.
"It Is clear that orto of tho great
needs Is tho oxtonston of reclamation
over tha wet luuils, and It la Impor
tant that tho action be. taken by state
legislatures and cotig-rees in co-opem-tlon
with private owners at an curly
This far no attempt has boon
made to formulate a policy looking to
tho roclnmatlon of our wet lands by
drainage. Hut it is hoped that tho de
liberation of Mus modnii will at
least point it wa to tho adoption ot
n wise mode of procedure.
"Tha swamp land drainage ornsado.
embracing as it toe, more than
eight- million acres of wot land. In
ttilrty-Hvo states, is a nropoo-ltlea o
bite, involving so many emu ion of do
lire and auch vast ktferests, Individ
uai, stato and nntional. that It mnt
laanlre tho biggest brawed mm whe
could he Intcrcstud Hi ita (levewp
vtw ih iv m:i:i -
Tho west la in need of more Irrl
nation than of irrigating- works, more
aettlera tbnn new projects, according,
to a report of It P. Telle ot tho Unit
ed mates consus bureau, (n charge of
Irrigation before tho National Irrita
tion congress here today, The report
hows tha l!KrfR. of Irrigated ncre
a from llllv to 1MB, tho nature of
tha enterprise ' whhh the projects
have been completed and tha percent-
Underwood Has Called Meet
ing to Take Up the Matter
and Will Not Wait for Mr.
Taft's Expert Report.
(Hr Cvrnlna lltralil A. I. l.asM Wire)
Hi:X.TI-Mel Ut 2 p. 111.
I-orimer Investigation resumed" with
testimony for tho defense.
Htephuuson election Investigation
subxommlttco probably will report lo
the full committee Just beforo Christ
mas recess.
Unforced publicity of truat affairs
advocated before interstate commerce
commission by witness.
Monetary commission, decided to
prepara a bill carrying otit Jb, conclu
sions along lines of tho. Aldrlch cur
rency plan.
President's meisage on trusts won
read In both houses,
norm; Met at noon.
HiiRi.r trust Inquiry rcumod by spec
ial committee.
Agricultural department Investiga
tion nnterlng mi Dr. Wiley, discussed
by special committee. Ileport to bo
mado within a foitulght.
Itepresnntative Hamlin urged n bill
requiring expenditures from secret
fund of state department bo rcpotod
to congess.
ftel trust Investigating commllteo
decided to confer Thursday on lt pro
ceduro In view of government suit.'
Hpoaker Clark rnfuscd to. act on.
memorial u.iklng Itepresontatiye Lit
tleton's expulsion,
President, In a resolution, waa ask-
t& what countries had applied 'for
free admission ot their print paper
and pulp wood.
Hponkur Clark received unofficial ap
peal for American Intervention In
Adjourned nt 2 p. m. until noon
Washington. Dec. E, Tho Dernn-
erullo incmbcrti of tho liifuso-ways
nml tneiuiri committee, II wae un-
iiounccil today, probably will begin
work on the cotton and wont tariff
revision bills without waiting longer
for tho report of tho tariff board and
tho president's; mesKnge accompany
ing It. Ilepresontutlvo Underwood
has called n conference on tha sub
ject tomorrow at which the tariff
program for tho present session muy
be determined.
Washlnaton, Duo. 0. Hpcnkor
Clark of tho housu of representatives
announced today that ho would tako
no action on the petition for tho Im
peachment nnd expulsion or itopro-
Koiitutlva Marttn W. Littleton of New
York, filed by llcurv II. Martin of
the Anti-Trust league. The speaker
held that tho petition contained noth
Ing nt a pertinent matter of business
for the house.
U. S. Supreme Bench Declines
to Halt Trial Slated to Be
grin in ChicRgro on Habeas
Corpus Proceedings.
ny i4irntna nrmiu - nvmwwt irw I
WuHhtnuIiiii. lino fi Ttii tfitnrpnirt
rtiill 1 i'( lint I'liiivu nisMrif. luunj iuiua
..at 1. - Ut Ifidao .fn..
i ti ur Mm ni- n miny tit tiiii iiqvi huvhuih
irmi in I'liimHti iiihii mv i;uuii vmuiu
ur iir iita-v m tiiv uuuaMiuiiuiiHi
uucHtlort rulscd by Die packers In
nl.U It.n AnalllllllAMftl
coMMi:itci: ctiuiiT
Washington, Dec. S.Thu eommorca,
roiirt today dented a motion to dis
miss further proceeding before that
tribunal In tho famous trnnscontlncn.
tnl nnd lntermountaln long nnd short
haul freight rate cases. Tho motion
was ma t. bv counsel for the Chlcugo
Association of Commerce Just befor
arguments re tit-gun today on n mo
tion to make permanent tho tempor
ary Injunrlitins granted sovcrnl weeks
ago. This probably will bo granted ns
tho government nlready has appealed
tha oasa on t ! temporary Injunctions
to the supreme court of the United
' WntM.
(Mr Hrmttm H'raM A- P. Iasea Wlr
Quftfttoon. Coto.. Dec 1. Flro of
unknown origin itiienvered at 3
I o'clock Ihlx morning destroyed the
pump Homo of tha Denver & Itlo
,CJrnndo Kallroad company The
. pumpa aro out of (-ommUslou with u
I resulting dlaarrangemmit nf railroad
IU laIR ! mil I IIUUBI IUILI1 1 flllU 11IU
Procedure in Court is Cut Short and Judge Sordwell
Promptly Pronounces Judgment on Self-Confeestd
Murderer and Dynamiter; Man Whe Admitted He Blew
Up Los Angeles Times and Its Helplete Employes De
clares He Did Not Intend to Kill Anyone But Only
Wanted to Wreck Building; He Plaeed Explosives in
Suit Case nnd Timed It to Explode at One 0'Clock.
(Hr 1'vra.Uff llrrald A. I. Leased Wlis)
Los Angeles, Cat., Dec. 6. James
It. McNamnrii, confesed murderer,
was siitenced to llfo Imprisonment
hern today by Judge Walter llord
well. Ills brother, John J, McNa
marn, secretary of the International
Association of llrldgo and structural
Iron Workers, who confessed to tho
dynnmltlng of tho Llewellyn Iron
works, was sentenced to fifteen years
In tho penitentiary. Twenly-ono par
sons lost their lives In the Times dis
aster. No ono was killed In the Lle
wellyn Iron works affair.
The Imprisonment nf both men will
bo in Han yuentln prnllontlnry.
James II. McN'aniaru's brief con
fession, penned by his own hand und
bearing ninny evidences of it man
llltlo skilled In letters, follows:
"I, James It. McNamnra, defend
ant In the case of tho people, having
heretofore pleaded guilty to tha crlmo
of murder, deslra to inaka this state
ment of facts:
"And this Is tha truth. On tho
night of September 1, 1010, at MIS
p, m I placed In Ink alley, a par
tlon of the Times building, a suit
case containing sixteen sticks of 80
per cent dynamite, act to explode at
1 o'clock tho next morning. It was
my Intention to Injuro the building
nnd scare tho owner, I ilid not In
tend to tako the Ufo of any one. I
Hluceruly regret that these unfortu
nate men lust their lives'. If tha giv
ing cr my life would tiring them Ikick
I would gladly give It. In fact, In
pleading guilty to murder Vh tho first
degree I have plueud my life In thu
hands of the state. (Hlgned)
After the rending of tlio confession
Jutlga fiord well asked:
"Is that statement correct T'
"It IS." snld McNamnra. .
'Then tho court finds,' said tho
Judge, "thai, tho degree of guilt of
tho defendant Is murder In tho first
legrcc. James H. McNamnra, you
may stand," he snld.
"Wlmt Is your full 11011107"
"Jam Iloyil McNamnra," said tho
Tho court then began n formal
statement, reciting the Indictment for
the murder or Oniric J. ilnggerty,
upon which McNnmara pleaded
guilty, and ashed MeN'umara If ho
hud any statement to make
"I havo not," he snld.
"Havo you tiny thing lo say?" the
court asked ot District Attorney
"There has hcnti no dickering or
bargaining In this matter," replied
that official. "Counsel on the other
sldo are well a warn of the usual cus
tom of granting; clemency to persons
Men Arretted by Oovcrnment
Officials Furnished With
Bail by Bank on Demand,
General Is 111 at Home.
(By ttvratMK Herald A. P. I.d Wire)
III Paso, Tcxus, Dec. 5. Itoticla fur
nished by a local bunk today resulted
in tho relonttQ of aovnral Mexicans,
arrested lnot weok on suspicion of be
ing Mexican revolutionists. United
HtutOH otflclals sco In this Incident
continuation fur their contention that
a largo supply of lloylata funds Is nu
deposit hero. Tha hearing or tho niou
ur rested has been set lor 2 p. in.
Ban Antonio, Texas. Deo. I. lon
cral tioruarda Uovos, accused ot vio
lation of tho neutrality laws and in
whoso iiamo several Insurrections aro
under way In Mexico has not left Han
Antonio, us wus roportcd lost ulsnt.
It wus announced today tho general
Is coutlncd to his residence by Illness.
IBy XroHioir HrraM A. P. Uttfil Vlr
Tripoli, Dec C A lorco ot
20,000 Italians yesterday attack-
od nnd occupied tho Turkish mill
tary camp on tho ousts of Aln-
Znra alter a severe bnttla In
which both aides mo roportcd to
havo lost heavily e
plvadltig gultly. This defendant by
so pleading has settled tor alt tlmo n
question which otherwlso would al
ways have been In doubt. Ha saved
the statn great expenditures and serv
ed thu stato In othrr ways."
'Tho defendant will arise." said
Judge Hordwclt, and then commented
upon McN'niiiara'a declaration that
ho did not Intend to deatroy fe.
Tho circumstance nro against
thnt statement," he said, "A man
who will place sixteen sticks ot dy
namite In a place where you as n.
printer know saa waa burnlnt in
many places and knew many wero
tolling must have had no regard for
llfpi must havo been a murderer at
heart and undesorvlng ot clemency "
Fur rvfeepns other than such a pica,
of nun-intuits, Judgo Itordwetl do
clurcd ho would Imposn tho penalty
of Imprisonment for life.
John J. MuNnmara enmo next.
Thd Llewellyn Iron works Indict
ment was read to him by the Judge.
Ho said he had nothing1 to say.
, District Attorney Fredericks, how
ever, said that as in the other case
tho plea ot guilty permitted consid
eration but pleudcd that tho defend
ant John J. McNa marn be given a
"few years of freedom at the end of
his life."
Judge Hordwclt declared that tho
strictures against James ti. McNa
marn would akto Apply to him.
Clemency, lie declared, won not bo
causo ot merit a to Intent. Ha then
Imposed n sentence ef- fifteen yeara
In tan Quentln nettllenllary, one
moro year than had been predicted.
The McNamaraa wero taken from
Hie ceart. rieauaahiethtJeU,,..
Cleveland, Ohio, Dec. fi. Hbown
James I). Mc.Namara's confetaton ot
tho lxs Angeles Times dynamiting
hero today, Detoctlvo William J.
(turns declared that It Is only partly
"Why don't Jim McNamarn loll how
ho knocked off the gas cocks anil
rloodcd with gas tho placo whoro tho
suit caso filled with dvaaraltu waa
put?" he usked.
"It ho told that, then could hu con
vince nny one that ho did not Intend
tho cntiro destruction or tho Times
building and Its occupants?"
Indianapolis, Dec. C That Frank
M. Ilyan as president of tho Iron
Workura' association, has n fund ot
50,000 continually replenished t that
ho is privileged to disburse as he sees
fit without making detailed account,
was the statement of Leo M. Kappa
port, counsel for the association.
fee of $e,oao
.Vow York, Dec. C f'Not less than
$50,000," was tho fee received by
Cluionco Harrow for his services in
defending tho McNamara brothers In
tho Ijo Angeles dynamiting coses,
according to a declaration mado horo
today by Frank U. Morrison, secretary
of tho American Federation of Iihor
nnd custodian of thu McNamarn do
foiiBa fund.
llljr Kvrslaa- Herald A. P. Ltaaed Whrs)
Juarex, Mexico,, Dec. 6.- Kntrtcs
for tomorrow:
First race, selllnr, five nnd a half
furlongs Flying d'Or. 03: Kthel
Wicks, First Fashion, Kum Connor,
Mamlo MoDee, Dog Htur, Defy, 100:
Hkltloti). Uki Tnhoc, 103: Don't Day
No. 108.
' Hrcmiii ruo. selling, flvo furlongsi
Wild near. 85; Morallght. 87; Kr
rant luidy. 102: John Meek, 100 Hen
Uneas. 103; 'Kri'!iHdo. Lilly l.avers,
l.yie Knight, HhtucUy, Hparkelte,
Ductytus, '.ulit, 111; John It. KheO
han, 119.
Third race, Relllng, flea furlongsi
Melts, 105; Kurlrne, tOl. Jim Me,
Veno Von, IlOt Tommy Twig, 113;
Mlko Molett, Matt tVCotiuell, Katvage,
IM; Flying Feet, Tint Judge, 115;
Hell Hnlckcr, Annual interest, Fnneult
Hull, U Arch Oldham, 122.
Fourth race, selling, six furlongst
Chlllu. 7. Oxer, Winning Widow,
105; Quartermaster, Nimbus, 109!
Kebago, 10S.
Fifth race, selling, five und one
hult furlongs: Hill Anderson, 100;
McAlan, 103: Hlrepland, ThUtlo Ito,
Ijwii, Acgutu. ICvulimi, Mannssch,
105; nrtiml. lOD.
.Sixth race, selllnr,' sv furlongs:
Haliall, t7; Hob Farley, 101) Trans
parent. Lily Puxton, lOli Henry Wal
bank, (.ady Mary, lOd; IVoana, Leo
pold, Kootcnay, Heretic. Uuttet Hull,
Ktnrttrr. 10.
Apprentice allowuncr,
to a 4caaed uitawr ta
tConMKMtJ on
Col'tmt l.)
(Continued on Fas J, Cot ma 3,)

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