Decatur Democrat, Volume 51, Number 30, Decatur, Adams County, 23 July 1908 — Page 1

SLL tht News AU. THE TIME

Volume LI

JO BE HEARD AGAIN United States Court of Appeals Failed to Affirm history OF CASE Tried and Convicted of Rebating in 1,462 Counts Chicago, July 22 —(Special to the Daily Democrat) —The United States circuit court of appeals today reversed the decision of Judge Landis in the famous twenty-nine million dollar fine imposed upon th e Standard Oil com- ‘ pany, on the charge of rebating, and remanded the case back to the lower J court for re-hearing. Chicago, July 22—(Special to the Daily Democrat)—Judge Grosscup, who wrote the decision, also scathingly arraigns Judge Landis. He declar- ; ed that he tried to punish the Standard Oil company of New Jersey, who was not even convicted, nor being I 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 s after their retirement, the amount of the fin e being left to the .discretion of the trial judge. The investigation then inaugurated by Judge Landis was the most spec tacular feature of the proceedings. His efforts to learn the financial status of the Standard Oil company of Indiana, with an idea of imposing a Sue adequate to its affairs, were hampered by the officials and attorneys of ’he company. The jurist then suddenly decided to call John D. Rockefeller, founder of the Standard Oil company, ai >d other officials to his court room to throw light upon the affairs of the corporation. 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 •earned that the Standard Oil company of New Jersey owned the Standard Oil company of Indiana, and that

the total earnings of the parent body m 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 1,462 counts against the oU company. A fine of $2,000 on each count was imposed. o CATS DO STRANGLE BABIES. Pennsylvania Coroner Can Testify to Same. The nursery legend to the effect that cats will suck the breath of sleeping infants and kill them, has been proven correct twice within two years by the coroner of Allegheny county. Pa., says a telegram from Pittsburg, and then it continues as follows: “Elsie Ann, 1 month and 3 weeks old, daughter of John and Alice Thaxton, 5210 Morlngside avenue, this city was the latest victim. “The couple two weeks ago saved the life of Arthur, their 2 year old son. who was resuscited with difficulty after the parents had found him strangling with the large black family cat lying alongside his body sucking in the boy’s breath. “In a deposition made by the parents to Deputy Coroner Laldley, they swore the dead child was in perfect health when the mother retired last night with the baby in her arms. They were awakened about 10:30 o’clock by her gasping. The parents found the black cat lying on the child’s body, with its paws around her neck and its mouth to that of the child’s, drawing its breath from it. “John Thaxton was so enraged that he took Tabby by the legs and threw him out of the window. Returning to the bed, the child lay so quiet that they investigated and discovered she was dead. “Deputy Laidley had the case of Renneita M. Deln, Jan. 29, 1907, Penn township, who was killed in the same manner.” o 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 an J John E. Lamb of Terre Haute also spoke. Before the banquet last night officers for the ensuing year wer e elected as 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 the 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 w’ould 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 and methods pertaining to the administration of the 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 unfortunate people may be had, and that society may be better protected from the criminal class. Hon. W. S. Wells, of Fort -Wayne, carried home with him last evening a basket of butter, and proposes for the next week at least to live like a millionaire. He was here and at Berne yesterday looking after several insurance prospects. He was clearly a favorite in the Allen county primaries for state representative and won with a large vote. Harvey Roop, of Chicago, was a visitor in the city today and he will return tonight.

Decatur, Indiana, Thursday, July 23 1908.

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 Tuesday night in regular session, Mayor Franc© 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 Wayne a representation of the Fort Wayne Artificial iGas 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, w-hich 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 Cos 28.73 E. P. Metier 4.50 Columbus Iron and Steel Co. 93.60 Ft. Wayne Elect. W0rk51,194.32 Coppock Motor Works 1-00 Wm. Martin 27.30 Columbus Coal Co 44.00 Wm. Burford 32 - 50 D. F. Teeple 47.37 P. J. Hyland 30.09 Geo. Keiser & C 0102.50 Sunday Creek Coal C 0137. <3 Shoal Creek Coal Co 67.56 G. R. & 1 12116 Burt Terry Wilson C 0........ 18.00 W. J| Archbold 1,026.48 No further business coming before the council, they adjourned. o Mrs. R. J. Holthouse returned this afternoon from Rome City, where she was visiting with her son Arthur.who is taking treatment, at the Kneipp sanitarium. She reports him as being greatly improved and will be able to return home in about ten days. 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.

HE CHANGED HIS MIND. Hearst Interview Which Declared Him for Bryan. San Antonio, Tex.. Nov. 19.—W. R. Hearst while here, Sunday, said: “I 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 a 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 w-ith 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 in the San Antonio Sun on November 19, 1906, and is in sad variance with the declarations of Mr. Hearst now. 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 spacious 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 citv. The company is composed of ladies and gentlemen who are not only good actors and actresses but are refined. - . o 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 Espuires 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 — 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 Department 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. o— GAVE BIRTH TO TWINS. Mrs. Ed uonnavel 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 h e is not the father of the babies. He has taken up his abode with Louthans w’ho 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. John Richart, a blind man at War- t saw. 67 years of age. has just won a 1 prize of $350 offered by an eastern ’ magazine for selling copies of the publication. Richart has never seen the light of day and he did not know the measure of his triumph until he presented the check in payment of a small bill at a store there. A cousin who had examined the check for him had read the amount as $3.50.

TO USE THE PEN 1 t Bryan to Write Many Argu- J ments During the 1 — i Campaign 1 t TO SEE PRESIDENT < 2 t Judge Taft’s Acceptance to ’ Be Reviewed by the ' President 1 i i Columbia, S. C., July 22.—Mr. 1 Bryan's campaign will have at least ‘ i one novel feature, said William E. . Gonzales, editor of th e State, who re- i turned from a trip to the west dur- 1 ing which he twice visited the demo- 1 cratic standard bearer at Fairview-. “That feature will b e th© 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 NewYork 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 ad- ■ vance the speech Judge Taft will de--1 liver in Cincinnati next Tuesday. “I • have decided to make this spech what ■ may be my most important utterance of the campaign. I have the highest regard for the president’s judgment regarding the subject to b e dealt with : and a keen appreciation of his wooderfui ability for forceful expression. I want his judgment and criticism, - and this cannot be satisfactorly ob- ■ tained at long range, so I have decid--1 ed to go to Oyster Bay,” so says Judge ‘ Taft. O' ' ■—- City employees are now busy setting the new dynamo and if no bad luck occurs the change from the old ma- ■ chine to the new- will be made Sun--1 day. This dynamo completes the electric light plant with duplicate machin1 ery, including engine, and assures a constant 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 year? since the city took up this feature of the business. Following is a list of those who use electricity for motive 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 ® 1 Schaffer H’dwar e C 0.... 1 2 , Lew Holthouse. Livery... 1 5 < Decatur Produce Col 15 True & Runyon 1 % t Everett & Hit© 1 % ( Dr. Roy Archbold 1 % i Dr. Dick Neptune 1 % Residence, sewing mach. 1 Vi j The above shows a total of 179 horse < power used in nearly every sort of t business under the sun, and shows t but the growth of a short time. In ( less than another year one hundred j horse power will be added to the f above. W e are not knocking on any ( one's business, but electric power has any other sort of motive genius beaten , by several city blocks, and even at the ( rate now in vogue is cheaper. Bills are up over the cty announcing the fact that the Guy Stock Co. , will show in this city all next w-eek, ( beginning Monday evening. This company is a first class one and has showed here on many occasions before, i It will no doubt be well patronized.

CIRCULATION 2800 WEEKLY

Number 3O

■■ = -—--- ■ ~~ The work cn the improvement of the First National bank i s 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 w-ithin one week, after which carpenters begin their work. The interior of the building is to be reconstructed and when 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. The price that Charles Scribner's Son will pay President Roosevelt lor his account of his hunting trip through the African jungle is the highest ever given to an author for a work of similar length. Not only will the president receive a lump sum of between $60,000 and $75,000 for the serial privileges, but he will also get. a high royalty on the book into which the magazine articles will be incorporated. It was learned on good authority that this royalty is not less than fifteen per cent on gross sales, and is probably as high as twenty per cent. It is said the publishers expect to sell enough copies of the book so that the president will receive in all $150,000 —or something like $2 a word. “I see no objection to making public the fact that we will publish the president’s story of his adventures in Africa.” said Chas. Scribner. “Th e details of the arrangements will have to come from Oyster Bay, however. We understand that the president wishes to announce them himself in such lengths as he sees fit.” The Ward fence factory is a busy place. Th© long looked for time when i the machinery of this promising in- ’ stituiion would be in operation has ' come at last and yesterday the work- ' men began manufacturing ornamental . fence. However, all the machinery . has not as yet been installed and it will be some time before the different department will assume a busy air. : About twenty-five or thirty men are busy placing the machinery in place and it is thought by the promoters that full operation will ensue next Monday. The suspension of work caused by the delay in moving from Marion to this city has caused a large number of orders to accumulate and that the operation of the machinery begins in the very near future is almost a necessity. The Weber building is rapidly being put into shape for occupancy by the Ward fence officers and from present indications it will be but a short time until the same will b e comfortably located therein. Driking, |even out of ( own flask, on trains In Louisiana constitutes a misdemeanor punishable by fine or imprisonment, or both, under th e law passed by the last legislature, which went into effect July 20. 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 inapplicable to stimulants with meals in a regular dining car. Trainmen are vested with authority of police officers. The Monroeville Cooperage company has been incorporated for $25,000 and 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. Tackaberry, secretary and manager. John Spuller has been appointed agent for the famous DeLaval eream separator and he began duties last Monday. The separator he sells is one of the very best on the market and he invites any who care to know of its merits to call at his home and inspect same. Miss Beatrice Billman went to Indianapolis this noon for a short visit with friends.