The Madison daily leader. [volume], May 04, 1909, Image 1

About The Madison daily leader. [volume] (Madison, S.D.) 1890-current

Image provided by: South Dakota State Historical Society – State Archives

                
IS HELD TO BE
CONSTITUTIONAL
Supreme Court Passes on
Commodities Clause.
ttlliti
LOWER COURT REVERSED
While Highest Tribunal Declares the
Hepburn Law Valid It Decides That
Railroads May Transport Products
I of a Company of Which the Stock
Is Owned by the Carriers Concerned
in the Transaction.
Washington, May 4.—That the "com
iHiditles clause" of the interstate
commerce act of 1006, known as the
Hepburn railroad rate law, Is consti
tutlbnal was in effect declared by the
supreme court of the United States.
The decision was announced by Jus
tice White. The court reversed and
reminded the decision of the United
States circuit court, but the only di
rections were to enforce and apply
the statute as it is now construed,
i Briefly summarized the decision of
the supreme court holds the law to
be constitutional, but it does not con
cede the contentions of the govern
ment as to its scope. An especial ex
ception was as to the ownership of
stock in a different corporation, which
It was held did not constitute such
ownership as would prohibit trans
portation under the terms of the law.
JUSTICE HARLAN.
II was also held that ownership of
Hie commodity applied only to the
time of transportation. If before
transporting it the railroad company
has in good faith parted with a com
modity it may carry it The principal
point of the decision was In relation
to railroads holding the stock of
subordinate companies and on that
Inn portant point th3 finding was favor
able to the roads.
Dissents on Stock Feature.
Justice Harlan dissented on the
•lock feature, but otherwise the de
efalon was unanimous.
i Intense interest was manifested by
jthe interstate commerce commission
itt the decision. The decision did not
come as a surprise, bccause it had
been anticipated on the basis of the
debate in- congress that the court
Would hold that ownership of the
•tock or bonds of coal companies did
mt constitute a violation of the act.
No member of the Interstate com
merce comniisssion in advance of the
reading of the opinion of the court
would express an opinion as to its
effect. The concrete situation is that
Igily two of the anthracite roads own
Ioperatecourt
and mark*'i their own oou!
It is regarded t'.iat under tht decisio'
of the the law applies to thes
roads—the Lehigh Valley and the
Delaware, Lackawanna and
WPSWII.
The effect of the decision, it is be
lieved, will be to induce those lines to
organize separate coal companies and
conduct their operations through
them, because the mere holding ot
stock in such coal companies is held
by the court to be not violation
ot
the law.
STOCKS AT FIRST DECLINE
Decision Causes Confusion on New
York Exchange.
New York, May 4.—Philadelphia
and Reading stock slumped three
points in the New York stock market
on the announcement of the com
modities decision and the rest of the
market weakened moderately. Be
fore 1 o'clock Reading recovered its
loss and the whole market became in
tensely dull. Delaware and Hudson
lost 1% and Pennsylvania 1 on the
break, but both recovered the losses.
Confusion as to the effect of the
supreme court decision caused an ex
treme of uncertainty on the stock ex
change and brokers bought and sold
stocks for a few minutes entirely on
'reports of the decision that reached
the floor. The execution of orders
contingent upon the court's decision
was necessarily accomplished with
.much confusion and frequently bro
kers had to rebuy what they had al
ready sold when the reports became
conflicting. Activity on the stock ex
change floor centered almost com
pletely in Reading and thousands of
shares of that stock were bought and
sold.
EMPLOYERS7-JABILITY SUIT
Government Permitted to Intervene in
Case.
Washington, May 4.—The govern
ment has filed in the supreme court
of errors, New London county, Sec
ond judicial district of Connecticut,
its brief in the case of Edgar
More Executions Inf Turkey.
Constantinople, May 4.—Thirteen
civilians ami soldiers, sentenced by
the military court to death for mur
dor, were hanged in different parts of
Constantinople. Major Youssef, hi
son and three other men, who killed
the Syrian deputy, Emir Mohamme
dan Arslan, in front of the parliament
building were executed on the spot
where they committed the crime.
Memorial to Congress Killed.
Madison, WN„ May 4.—The Wis
consin assembly has killed the memo
rial to congress asking that body not
to pass a national inheritance ta\
law. The bill to compel all publir
utilities companies to surrender their
franchises and receive in lieu thereof
indeterminate permits also was killed.
Further Cut in Freight Rates.
Boston. May 4.—Continuing its re
duction in import freight rates to
meet the competition of the Baltimor
and Ohio the Boston and Maine rail
road has filed tariffs with the inter
state commerce commission providing
for further decreases, which go int
effect June 1.
The only Baking Powder
made from Royal Grape
Cream of Tartar
Absolutely
PURt^
MAXES CHARGES
AGAINSTJUDGES
Missouri Congressman In
troduces Resolution.
ECHO OF RATE LITIGATION
Representative Murphy Would Inves
tigate the Conduct of Federal
Judges Philips and McPherson in
Connection With the Suits Brought
by the State of Missouri Aflainst
Certain Railroads.
Washington, May 4.—Making seri
ous charges against Federal Judges
John F. Philips and Smith McPher
son of the Western district of Mis
souri Representative Murphy of that
state introduced a resolution in the
house to investigate their conduct in
the litigation between the state and
the railroad companies over the maxi
mum freight law and the Missouri 2
cent passenger rate law.
Kansas City, May 4.—"I will de
mand an immediate investigation,"
said Judge John F. Philips, when
shown the Washington dispatch in re
gard to Representative Murphy's res
olution.
"I
I
G.
Mon-
don, plaintiff, against the New York,
New Haven and Hartford Railroad
company. The case was brought un
der the employers' liability act of
April 22, 1908, and the government,
by permission of the court, is allowed
to intervene and file a brief in sup
port of the constitutionality of the
act, which has been challenged by
the defendant company. Attorney
General Wickersham and Wade
Ellis, his assistant, who prepared the
brief, have taken a strong personal in
terest in this case because of its
great importance and at the outset
state that the government has no in
terest in any other question involved
than to defend the validity of a whole
some and important act of congres
passed for the protection of a vast
number of citizens and for the safety
of interstate commerce.
do not intend to allow
these charges to hang fire indefinitely
if
can help it."
The judge said he might make a
statement later.
RESULT OF BAKERS' STRIKE
Two M«n in Hospital antf Tan Are In
Jail.
New York, May 4.—Two men are in
Gouveneur hospital and ten are under
arrest as a result of disorders arising
out of the strike among the bakers on
the East Side.
Schulem Ruben stein entered Mich
ael Novak's restaurant and wine cel
lar and when he found a loaf of bread
without the union label attached he
attacked the proprietor. Novak's wife
threw a bowl of sugar at Rubensteln,
fracturing hi9 skull. An attack by
nine men was made on a bakery kept
by Nathan Fryer and Samuel Brok
lower. Both were badly injured, Brok
lower being taken to the hospital.
Their assailants were locked up.
STRAUS GOES TO TURKEY
Former Secretary of Commerce to Be
Ambassador.
Washington, May 4.—Oscar 8.
Straus, former secretary of commerce
and labor, has been selected for am
bassador to Turkey and W. W. Rock
hill for ambassador to Russia. Mr.
Rockhill was formerly assistant sec
retary of state and later minister to
China.
Mr. Straus was twice before minis
ter to Turkey. He succeeds Ambas
sador Leishman, who goes to Rome in
place of Lloyd C. Griscom, who has
expressed a desire to come home. Mr.
Rcckhill succeeds Ambassador RWdla
at St. Petersburg.
DEED OF AN INSANE WOMAN
8eriously Injures Agent
Johnson Principal Speaker.
Chicago, May 4.—The fifty-first an
niversary of the admission of Minne
sota into the Union, which occurs on
Tuesday, May 11, is to be celebrated
by the Minnesota society of Chicago
Arrangements have been made by the
society for a banquet to be held at
the Grand Pacific hotel on the even
ing of the anniversary of the date, at
I which the principal address Is to be
made by Governor John A. Johns®®.
Dies of Sleeping Sicknesa
St. Louis, May 4.—George J. Owens
is dead at the city hospital here of a
malady diagnosed by physicians as
the sleeping sickness. Owens never
has been in the tropics, to which the
malady Is peculiar, and physicians can
account for it only on the theory that
he was bitten by some Insect and so
Inoculated with the germ.
Quests Have Narrow Etcapa.
St. Joseph, Mo., May 4.—A special
Id
the News-Press says the Merchant,
hotel at Stanberry, Mo., was destroyed
fire. Twenty guests escaped frc-n.
the building in their night clothes.
MADISON, SOUTH DAKOTA, TrKSDAY, MAY 4, 1909
MEN OF SCIENCE CONVENE
Mechanical Engmeere in Annual Con
vention at Washington.
Washington, May 4.—The American
Society of Mechanical Engineers, em
bracing In Its membership 3,455 of
America's scientific men, began its
annual spring meeting In tliis city to
day.
More than 300 engineers are In at»
tendance at the meeting. During the
convention, which will last four days,
President T:\ft will hold a reception
for tlie members at the White House.
The war department will give a spe
cial exhibition drill at Fort Myer. At
the same time, if the conditions are
favorable, an ascension of a dirigible
balloon will be made.
An address will be delivered by
Rear Admiral Melville, retired, past
president of the society and former
englneor-in-chief of the n.'ivy, the sub
ject being "The Engineer in the
Navy," and F. H. Newell, director of
the reclamation service, will deliver
an illustrated address on "Homemak
tng in the Arid Regions."
OPPOSES STATUE OF
ALEXANDER HAMILTON
Johnson of North Dakota Says
He Should Ba Forgotten.
Washington, May 4.—War is to be
made by Senator Johnson of North
Dakota on the effort to erect a statue
of Alexander Hamilton on the public
square in this city. He has intro
duced a resolution repealing the res
olution providing for such a memorial.
"I want that man forgotten as soon
as possible," said Senator Johnson.
"1 do not want an effigy of Hamilton
i »v'£r
and Kills
Child and Herself.
Stafford Springs, Conn., May 4.—
Driven insane apparently by the sight
of a memorial card which she had
ordered for her daughter Elsie, who
died about a month ago, Mrs. Ber
nard Rister beat Charles E. Emory of
Boston, who had called to deliver the
cards, over the head with an axe, in
flicting very serious wounds, shot and
killed her two-year-old son and then
book her own life by sending a bullet
through her heart.
MARTIN N. JOHNSON.
put up here as a model for any young
man. If some people want such a
statue let them buy the ground some
where ou which to place it.
"They propose to put It near the
White House on a public square and
I will make war on it. If it is put
there In less than 100 years that
statue will be dynamited, for the
American people will not tolerate it.
Alexander Hamilton was one of the
most contemptible rakes we have
ever known In this country. His mili
tary service was not sufficient to war
rant the erection of a memorial to
him and his legislative service was
only in representing a New York city
district in the legislature of his state,
wnich is not sufficient for such dis
tinction. He advocated the election
of the president and the senate by
wealthy people of the country and
upon failing to have his idea adopted
left the constitutional convention and
went home. As secretary of the treas
ury he favored allowing the wealthy
people of the country to control the
government."
Noted Iowa Pioneer Dead.
Cedar Unpids. la..'May 4.—Oolone!
S. W. Durham, u noted Iowa pioneer
and who v ns a member of the state
constitution*! corvrntlon of 1844, is
ri ii at Marion. aged ninety-two
vt n.rfi,
Reserve Tickets at
GENERAL MASSACRE
HAD BEEN PLANNED
Evidence Connecting Deposed
Maa Witii the Atlaii.
Constantinople, May 4.—Documen
tary evidence has been discovered
among the records of the telegraph
office here of the knowledge of the
Constantinople authorities that mas
sacres had been planned for the
Adana district and that thoy were to
coincide with the political events
here.
Other papers have been found Indi
cating also that the conspirators at
the palace acted In the sultan's name
In preparing the military mutiny of
April 13. Lists of houses, with notes
on the kind of loot to be found there
in, were discovered on some of the
prisoners now in custody. The ar
rangements were for a general mas
sacre of foreigners in Constantinople,
including the diplomatic representa
lives, on April 24.
The Turkish cabinet has resigned.
The political situation Is bewildering
and no one can tell what the outcome
will be. This latest ministry was or
ganized April 30, with Tewflk Pasha
as grand vizier.
AFTER FIGHT WITH OFFICERS
Number of Escaped Convicts Surren
der to Posse.
Eransville, Ind., May 4.—After &
running battle in which from fifty to
a hundred shots were exchanged five
of the ten men who escaped from the
Daviess county jail at Owensboro, Ky..
were captured at Newberg, Ind., ten
miles from this city.
The five men who were capiim-u
with two others were located in a
small house at tha edge of Newberg
by Thomas Cravens, town marshal,
and three deputies. The officers
opened fire on the men and they re
turned It, as all were heavily armed.
When their supply of ammunition was
exhausted five ot them swFWdered,
but two escaped.
Surprise to Lawyers'Interested.
Philadelphia, May 4.—The decision
of the United States supreme court in
the conimodities clause was a surprise
to lawyers ard others in this city in
terested in the case. It had been
confidently expected that the court
would affirm every point in the tower
txurt's decliion, which was written
by Judge Gray and concurred in by
Judge Dallas. Judge Duffington dis
sented from the majority decision.
Judge Dalla? has since retired from
(he bench, aving reached the retiring
age.
Jurist ©Is* Under Knlfa.
Minneapolis, May 4.—William II.
Donahue, aged fifty-one, appointed
only a few weeks ago by Governor
John A Johnson as judge of the dis
trict court of Hennepin county, died
at a hospital in Philadelphia, where
he had gone for treatment for a can
cerous growth on his neck. Judge
Donahue had been in active practice
In MinneaiKills from the time of his
admission to the bar in 1881 until his
appointment to the bench last Fob*
ruary.
Ends Life With a Bomb.
Mount Vernon, 111., May 4.—A dyna
mite bomb was the means employed
by Carson Martin, a farmer, forty-five
years old, living In Belle River, south
of this city, to commit suicide. Mar
tin took the explosive to an outbuild
ing. The structure was blown to bits
and his body was scattered over the
premises. He left a letter declaring
his Intention to ta!e his life.
Left Big Sum to Charity.
Boston, May 4.—By the will of Mlsa
Elizabeth Brigham, sister of the late
Robert B. Brigham of this city, $1.
500,000 Is given to the Robert B.
Brigham hospital for Incurables, for
the founding of which the brother
left the buik of hlB fortune. Mrs. Au
gusta S. Cogan of Chicago, a niece of
Miss Brigham, will receive $1,000,000.
"A JAPANESE GIRL" and
"A CUP OF SAKI"
AT THE «HMt*
Normal Auditorium
FRIDAY, MAY 7th
Calchy Songs, Brilliant Coitumo, Effective Drill*,
Stunning Dances, Geisha Girls, Strong Soloists
Jotts'
at all Drug Stores, 25c
fc
Drug Store, 35c. General Admission Tickets
opyrteN IVQt bjr
nwif CDMptfly
1
k
,/• .v
1
COMING SOON!
CAMPBELL BRO'S
Great Consolidated
SHOWS
CIRCUS
HIPP0DR0MC
*v r1
MUSEUM
MEN'S FURNISHINGS
CORRtCT STYLES FROM THE
MOST RELIABLE MANUEACUTRERS
McKIBBIN $3 HATS
The best value on earth
for the money.
Monarch and Cluett
$1 and $1.50 Shirts
beautiful, new patterns
strictly fast color. Nothing
better.
"Vogue" Neckwear, Hos
iery and Suspenders. The
most Extravagant line of
goods in the market at
popular prices.
E00T SCHULZE and ENDIC0TT
JOHNSON SHOES and 0XE0RDS
Every shade and style imaginable
$3 to $5 values. Guaranteed to
give satisfaction.
nanaaannz
LOOK AT THESE
C0LAPSABLE BABY CARtS
The best[on the market
They must be s«e& jto
be appreciated.
We have an elegant
line of
Rugs,
ArtSqitere£
Lace Curtains
Handsome Leather
See My Line and Get Prices
GEO. BECK
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