Decatur Daily Democrat, Volume 6, Number 174, Decatur, Adams County, 22 July 1908 — Page 1

Volume VI. Number 174.

REVERSED THE LOWER COURT Famous Twenty-Nine Million Dollar Fine Case Reversed

TO BE HEARD AGAIN United States Court of Appeals Failed to Affirm HISTORY OF CASE Tried and Convicted of Rebating in 1,462 Counts X Chicago, July 22—(Special to the Daily Democrat)—The United States circuit court of appeals tcday reversed the decision of Judge Landis in the famous twenty-nine million dollar fine imposed upon th e Standard Oil company, on the charge of rebating, and remanded the case back to the lower court for re-hearing. Chicago, July 22. —(Special to the Daily Democrat) —Judge Grosscup. who wrote the decision, also scathingly arraigns Judge Landis. He declared that he tried to punish the Standard Oil company of New Jersey, who was not even convicted, nor being tried or even indicted. The decision continues by saying, can an American judge without abuse of discretion, condemn any one who has not had his day in court? No monarch, parliament or tribune in the civilized world for centuries has ever pretended to have a right to punish except after due trial, under all forms of law. If it is done her e it is because the judge who does it, believes himself above the law. History of the Case,

The trial of the Standard Oil company of Indiana for acceptance of rebates from the Chicago and Alton and other railroads was the most notable of the trust prosecutions inaugurated by the government, and the fine attending the verdict of guilty was the greatest ever imposed in the history of English law. The indictments were returned in August, 1906, the oil company being charged with obtaining concessions in ■shipments between its plant at Whiting, Ind., and western and southern points. After several of the many indictments had been quashed by Judge Landis the trial of the company began on March 4, 1907. The jury was obtained in less than a day, and but two peremptory challenges were used by either side. The hearing continud for six weeks, and more than 7,000 pieces of documentary evidence wer e introduced by the government, in addition to the hundreds of witnesses placed on the stand. A public posting of an oil shipping rates in stations of the Chicago and Alton Railroad company evidently was deemed the most important bit of testimony by the jurors. Their verdict of guilty was returned within two hour 9 after their retirement, the amount of the fine being left to the discretion of the trial judge. The investigation then inaugurated by Judge Landis was the most spectacular feature of the proceedings. His efforts to learn the financial status of the Standard Oil company of Indiana, with an idea of imposing a fine adequate to its affairs, were hampered by the officials and attorneys of th® company. The jurist then suddenly decided to call John D. Rockefeller, founder of the Standard Oil company, and other offici»is to his court, room to throw light upon the affairs of the corporation.

DECATUR DAILY DEMOCRAT.

Mr. Rockefeller and his associates were personally questioned by Judge Landis and few' attempts were made at evasion of the searching inquiries of the jurist. It was from the admissions of the witnesses that the court learned that the Standard Oil company of New Jersey owned the Standard Oil company of Indiana, and that the total earnings of the parent body in the three years preceding the investigation had been more than $200,000.000, and that dividends of 40 per cent had been paid its stockholders. After the testimony of the officials had been obtained Judge Landis again took the case under advisement and after a week announced his decision, which assessed the maximum penalty on the 1,452 counts against the oil company. A fine of $2,000 on each count was imposed. o TO HAVE GALA TIME M. E. Picnic at Robinson Park, Fort Wayne, Tomorrow MANY ARE GOING The Amusements of the Day Include a Base Ball Game

Every detail has been concluded for the M, E. picnic which occurs at Robison Park, Fort Wayne, tomorrow. Six cars on the Fort Wayne and Springfield railway will carry the happy crowd from Decatur to the scenes of the day. The first two cars will leave the station hare at 7:30, the second two at 7:50, and the last two at 8:30. This will place them all in Robison Park by ten o’clock, and from that time until five o’clock. Rome is not only expected but will howl, and that continuously. The fare for the round trip is fifty cents, but every Sunday school scholar gets a free ride, and already tickets have been distributed. Many features of amusement is arranged, but perhaps the best of all will be the championship base ball game between members of the school in this city and the First church at Fort Wayne. The lineup for the Decatur boys is Archer and Robison, batteries; Smith lb; Stevens 2b; Sheldon 3b; DeVoss ss; McKean rs; Acker cf; Beery If, with Wilcox and Burke on the bench. The lineup is strong and what they will do to the poor Fort Wayne lads will be a plenty. The day will be enjoyable and there will be no discount on the attendance. The committee having th e affair in charge have labored hard and at this time not a detail is missing. ______ o - ■ — HE MAY BE A HOOSIER. Indiana members of the G, A. R. are going to Toledo. 0., to the forty-sec-ond national encampment. August 31. with the avowed intention of electing Daniel Ryan of Carlisle, Ind., past commander of the Indiana department, chaplain in chief of the Grand Army of the Republic. A resolution indorsing his candidacy was offered by Past Departmen/ Commander A. O. Marsh at the Kokomo encampment in May and was unanimously adopted. Pursuant to this resolution a circular letter urging Indiana veterans to work for Mr. Ryan’s election is being sent out from the Indiana headquarters. — n — Driking, (even out Jbf ,one/s own flask, on trains in Louisiana constitutes a misdemeanor punishable by fine or imprisonment, of both, under Th e law passed by the last legislature, which went into effect July 2G. The act maks it unlawful for any person to drink intoxicating liquor in or upon any railway passenger train, or coach, or vestibule, or platform, except in case of actual sickness. After a hard fight a section was added which makes the law inapplicablestimulants with meals in a regular dining car. Trainmen are vested with authority of police officers.

A RAPID GROWTH City Electric Power and Light Plant Shows Well ’ THE NEW DYNAMO Being Placed in Position and Will Be Ready for Use by Sunday * City employees are now busy setting the new dynamo and if no bad luck occurs the change from the old machine to the new will be made Sunday. This dynamo completes the electric light plant with duplicate machinery, including engine, and assures aconstimt service of twenty-four hours a day’for every day in the year, if it is needed. The growth of th e use of electric power has been phenomenal, it being now but two or three years since the city took up this feature of th® business. Following is a list of those who use electricity for ipotive power: No. Motors. Tot. hp. Decatur Furnace Co 6 40 Krick. Tyndall &Co 1 25 D, Schmitt '. 1 10 Confer Ice Cream Co 1 10 Waring Glove Co 3 15 Wemhoff Mon. Wks 1 3 Van Camp Foundry .... 2 10 Coppock Motor Car Co.. 2 25 Democrat 4 9 F E. Smith 1 3 Times 1 5 Schaffer H’dwar e C 0.... 1 2 Lew Holthouse, Livery... 1 5 Decatur Produce Co 1 15 True & Runyon 1 % Everett & Hite 1 % Dr. Roy Archbold 1 % Dr. Dick Neptune 1 . % Residence, sewing mach. 1 % .The above shows a total of 179 horse power used in nearly every sort of business under the sun, and shows but the growth of a short time. In less than another year one hundred horse power- will be added to the above. We are not knocking on any one’s business, but electric power has any other sort of motive genius beaten by city blocks, and even at the rate now in vogue is cheaper. VAULTiS MOVED Work at First National Bank is Progressing Very Nicely CARPENTERS BEGIN In One Week to Reconstruct the Interior—Will Be Attractive The work on the improvement of the First National bank is progressing nicely and this enterprising institution already is presenting a very neat appearance. The large safety vault has been moved several feet to the rear and E. Lord and workmen are placing a cement wall around same. The mason work will be completed within one week, after which carpenters begin their work. The Interior of the building is to be reconstructed and w-hen completed will be very attractive. A new front will also be constructed and in fact the building will undergo a complete overhauling. About September - the first, the new furniture, which will be of the very latest design, will arrive and be installed. This is another evidence of the contnued progress of Decatur business concerns. While other towns are complaining as to the scarcity of money, Decatur continues on a boom and instead of grumbling, the wideawake business men here are making material improvements to prepare for a bigger business. —o The. Monroeville Cooperage company has been incorporated for $25,000 arid offices have been opened in the bank block. This company is successor to the Monroeville Heading company. Its officers are: A. F. Petit, president; D. Petit, vice president; W. W. Tackabcrry, secretary and manager.

Decatur, Indiana, Wednesday Evening, July 22, 1908.

HE CHANGED HIS MIND. Hearst Interview Which Declared Him for Bryan. San Antonio. Tex., Nov. 19. —W. R. Hearst while here, Sunday, said: ‘■l will never again be a candidate. I shall continue to reside in New York and advocate and support the principles of reform which I have always stood for, but these principles are now sufficiently understood by the general public for it to be no longer necessary for me to be S candidate. “You probably know it is by no means pleasant to be a candidate. I am glad in the future it is to b e my privilege to stand for the principles of government. I have always advocated without being a candidate for office, and on that account being attacked with much bitterness. “When a man is a candidate for office it seems hard for the people to believe he is sincere in the principles he advocates. I am for Bryan for president, and confidently expect his election.’’ The above interview' was given and published ini the San Antonio Sun on November 19, 1906. and is in sad variance with the declarations of Mr. Hearst now. o —. NOTED MAN DEAD Bishop Potter, of Episcopal Diocese of New York, is Dead WAS WELL KNOWN He Believed in the Moderate Use of Liquor and Had No Use for Prohibition

Cooperstown, N. Y., July 22.—Bishop Henry Codman Potter oL the Episcopal diocese of New York died here last night. Death followed an illness of several weeks, which began with stomach trouble and developed complications. For the last week the bishop had appeared to gain but he suffered a relapse and hop e of ultimate recovery was abandoned. Henry Cod man Potter was born in Schenectady, N. Y., May 25. 1835. He was the son of Alonzo'Potter, who was bishop of Pennsylvania. Henry C. Potter was educated in Philadelphia and in his earlier years gave promise of a strongly inherited inclination to the church. Expressing a desire to follow the footsteps of his father, he was given a classical education and finally entered the Theological Seminary of Virginia. He was graduated there in 1857 and received deacon’s orders at the hands of his father in St. Luke’s church in Philadelphia. He was ordained in Trinity church, Pittsburg, October 15, 1858, by the assistant bishop of Pennsylvania, the Rev. Ambrose Bowman, and his first pastoral charge was as rector of Christ’s church, Greensburg. Pa. In May. 1859 he accepted a call to St Johns church Troy, N. Y., remaining there seven years. In 1866 he accepted’the position of assistant rector of Trinity church. Boston, and a year later was made secretary of the House of Bishops. In 1868 ho became rector of Grace church in New York Ci|y, in which, after fifteen years of service he w-as consecrated as bishop, October 20, 1883. During his rectorship he was granted the degree of LL.D, from Union college and elected bishop of lowa, declining to serve. Bishop Potter had the courage of his convictions, and proved It in more ways than one. For example, he believed in moderate use of liquor and had no sympathy with the prohibition movement. He believed the W. C. T. U. made a great mistake in bringing about th e abolition of the army canteen. He was one of the founders of the famous “Subway Tavern” at Mulberry and Bleecker streets in New York, where liquors were sold, as well as food. He even opened the saloon with prayer, but, unfortunately, the very notoriety given it by the bishop was the means of the downfall of the Subway Tavern, for so many curious sociological workers camped out in the saloon to watch ard study the workingmen that the latter refused to visit the place, and it was closed for lack of patronage.

TO USE THE PEN Bryan to Write Many Arguments During the Campaign TO SEE PRESIDENT Judge Taft’s Acceptance to Be Reviewed by the President Columbia, S. C„ July 22. —Mr. Bryan’s campaign will have at least one novel feature, said William E. Gonzales, editor of the State, who returned from a trip to the west during which he twice visited the democratic standard bearer at Fairview. “That feature will b e the resort to the pen rather than to the tongue; to the press rather than the platform. When I appealed to Mr. Bryan to make as vigorous a canvass as in 1896,” said Mr. Gonzales, “he reminded me that he was now twelv e years older, 'and besides,’ said Mr. Bryan, “I believe I can be more effective in writing arguments for democracy that newspapers can use, if they will, over my signature.’ I believe when I saw him last week it was Mr. Bryan’s intention to deliver two, perhaps three speeches in New York state, one of them in New York City and six or eight speeches in the states of Illinois, Ohio and Indiana. He proposes to discuss fully some one democratic principle in each of these addresses.” Hot Springs, Va., July 22. —President Roosevelt is to review in advance the speech Judge Taft will deliver in Cincinnati next Tuesday. “I have decided to make this spech what may be my most important utterance of the campaign. I have th e highest regard for the president’s judgment regarding the subject to b e dealt with and a keen appreciation of his wonr derful ability for forceful expression. I want his judgment and criticism, and this cannot be satisfactorly obtained at long range, so I have decided to go to Oyster Bay,” so says Judg e Taft. roastedlhicken Party of Jolly Young Folks Enjoyed Great Time at Maple Grove Park LAST EVENING

They Roasted Chicken and Baked Potatoes Over Camp Fire A crowd of folly young people went to Maple Grove Park on the 5:30 car last evening and words cannot describe the time that was enjoyed by all. After arriving at the resort a Bre was built and the ladies proceeded to roast chicken and bake potatoes Tver the blaze. It goes without saying that each member of tho party did justice to the delicacies and besides in elegant social session was etijoy»d until time for the 9:45 car, which Bonveyed them to the city. Beside the out of town guests who were Godfrey Bell, of Chicago, and Miss Ferne DeLong, of Greentown, the following anjoyed the festivities of the occasion: Misses Midge Smith, Fannie and Madge Hite, Zoa Miller, Faye Smith, Gertrude Moses, Marie Patterson and Inez Everett, and Messrs. Ross Mills. Oscar Hoffman, Carl K. Moses, Cal Peterson, Will Shrock, Charles Knapp, W. L. Lehne and .Tess Niblick. All report the best time of the season. o Mrs. E. N. Vancil and children, of Decatur, Mrs. Emma Ross and daughter, Louise, of Murphysboro, Illinois, who visited in Fort Recovery, Ohio, with the former’s parents, Mr. and Mrs. Nicholas Money, visited Monday with Mrs. Dira Bergman, west Walnut street, enroute to Decatur. Mrs. Money accompanied them as far as this city for a couple of days’ visit with her daughter.—Portland Sun.

SOCIAL WAS SUCCESS. Holy Grail Boys Make a Very Neat ’ Sum. The Ice cream social given by the boys of the Holy Grail last evening on the M. E. parsonage lawn, was a howling success. A number of the Knights and Espulres costumed in unique garments and with queer makeups formed a parade on Monroe street and marched through Main street. They attracted much attention and this in part is responsible for the large turnout last night. More than S2O was taken in and this will assist in defraying the expenses of the boys to Winona. o GAVE BIRTH TO TWINS. Mrs. Ed Connavel of the south part of the city, gave birth to twin girl babies yesterday afternoon and is recovering nicely. Her husband has left her as a consequence, claiming that he is not the father of the babies. He has taken Up his abode with Louthans who reside two doors north. Mr. John Springer who has been residing with the Connavels for some time is caring for Mrs. Connavel during her sickness while her husband refuses to go near. It is a sad state of affairs. AIiAPPYMEETING Officers Elected bv the Members of the State Bar Association

MANY ADDRESSES It is Advised That Judges and Prosecutors Visit State Institutions Leading legal lights of Indiana gathered around the banquet board at the Country Club last night, where, as a culmination to the first day's session of the twelfth annual meeting of the State Bar association of Indiana, a dinner was served. Speeches by leading politicians of both parties were mad. Fun and brilliancy characterized the proceedings. James E. Watson, Republican nominee for governor, spoke at the banquet on “The Nation and the State.” John W. Kern, vice presidential nominee; Henry Vinton of Lafayette and John E. Lamb of Terre Haute also spoke. Before the banquet last night officers /or the ensuing year wer e elected ag follows: President, Dan W. Sims. Lafayette. Vice President, John T. Dye. Indianapolis. Treasurer, Frank E. Gavin, Indianapolis. Secretary, George H. Batchelor, Indianapolis. In a lengthy address by W. H. Whittaker, superintendent of the Reformatory at Jeffersonville, he closed by saying: If attorneys, prosecutors and the judges, especially th e judges of the state, would visit the state prison and the reformatory at least once each year and study the methods used in handling the criminal, it woultf aid them very much in making up their minds in passing sentence upon violators of the law. No judge has ever visited either of the institutions so far as we know but that he has gone away its stronger friend and a firmer believer in the rules atid methods pertaining to the administration of rhe indeterminate sentence and parole law. We certainly hope for a closer relationship with the courts and prosecutors in the future, so that the greatest good to the greatest number of our unforthnate people may be had. and that society may be better protected from the criminal class. o NOW HAV.E A SURVEYOR.

The vision of the Bluffton. Berne & Celina interurban line is now a thing of the past and the work of the survey will begin probably Monday. An engineer of the line was appointed today, this man being B. A. Batson of this city. A large supply of stakes have been ordered for the work and it will be pushed as rapidly as possible. Joseph Gerber and Peter Neuenschwander, of east of town, are the main promoters of the new company and they have secured the right of way between Chattanooga, 0., and Bluffton. —Bluffton Banner.

Price Two Cents

REGULAR SESSION The City Dads Disposed of Considerable Business Last Night A JUNKETING TRIP Consent to Mercer and Adams Streets Being Improved—Other Business The council met last evening in regular session. Mayor France presiding, and every councilman being present and answering to roll call. After the reading of the minutes of the proceeding meeting by Clerk Ehinger, which were approved, the council got down to business and in - a short time completed and settled several difficult propositions that presented themselves. Attorney Keegan, of Fort Wayn e a representation of the Fort Wayne 'Artificial ,'Gas company addressed the council for a short time in relation to the franchise proposition and also requested that the council make their tour of inspection to Garrett, Auburn and Kendallville the forepart of the next week, which was agreed upon. D. I. Weikle, representing a number of property owners in the west part of the city addressed the council in relation to sidewalks along various streets and asked the council to adopt a resolution ordering all property owners in that section of the city to construct, their walks at once. A resolution of this kind will be adopted at the next meeting. John R. Porter and Mr. Ramey, property owners residing in the south part of the city on Mercer street were present and demanded that a walk be constructed along the east side of that street. The council, however, refused to order the walk, but did order two street crossings built for the benefit of the property owners. The street and sewer committee to whom had been referred the petition for the improvement of Adams and Mercer streets, filed their report which was favorable in every respect and which report was adopted by the council. A resolution was then read, the terms of which granted the use of said streets for macadam purposes. This resolution was adopted by a vote of four to one. The contract of Jesse O. Smith for the construction of a deep well at the city plant was read and upon motion was approved and ordered spread of record. Upon motion by Martin the purchasing committee was instructed to purchase a car of number two Metropolitan block for street crossing purposes. Upon motion by Burns the clerk was ordered to give notice by publication that on August 18th the council would receive sealed bids for coal and oil to be used the coming year. The following bills were read and allowed: Standard Oil Co $ 28.73 E. P. Metier 45 ® Columbus Iron and Steel Co. 93.60 Ft. Wayne Elect. Works 1,194.32 Coppock Motor Works 1 Wm. Martin 27 - 3 ® Columbus Coal Co 44 -®® Wm. Burford 32 - 5 ® D. F. Teeple 47 37 P. J. Hyland 30.09 Geo. Keiser & Co 102.50 Sunday Creek Coal Co 137.73 Shoal Creek Coal Co 67.56 G. R. & I 12116 Burt Terry Wilson Co.. 18 -°® W. J! Archbold <...1,026.48 No further business coming before the council, they adjourned. —o WILL SHOW HERE NEXT WEEK The Guy Stock Company of Famous Players is Coming. Emmet Littleton, the genial advance agent for the famous Guy Stock Co. has closed a contract for the rental of the lot on the corner of Third and Monroe streets upon which the spa clous tent, will be erected next Monday. The troupe is showing at Winchester this week and a packed house greets them at each performance. The show is bigger and better this year than ever. Thirty-three people are carried and new plays will be put on. The Guy Stock Co. has a reputation in this city that is envied by all similar shows, which visit our city. The company is composed of ladies and gentlemen who are not only good actors and actresses but are refined.