Newspaper Page Text
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 v "Wt "1 i vji v5 "I MENAGERIE i.y .4 ', 'X w 'I A & 4.« •M 4 li i i '"4 v! •"'•m •T- is A* -•Vfv V V i 'x i *35 4 -f' 4? -a C"