Indianapolis Journal, Volume 52, Number 28, Indianapolis, Marion County, 28 January 1902 — Page 4

THE INDIANAPOLIS JOURNAL, TUESDAY, JANUARY 28, 1902.

TU K DA IL.Y J O ÜKXAL TUESDAY. JANUARY 2S. 1901L

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Persons rending the Journal through the malls In the United State should put on an eight-rage cr a twelve-page paper a l-c-nt namp; on a sixteen, twenty or twenty-four pae paper a 2-cent stamp. Foreign postage Is usually doubl the rates. All communications Intended for publication In this paper must, in order to receive attention, te accompanied by th name and auürcsä ol the writer. Rejected manuscripts! will not be returned unless postage is inclosed for that purpose. Entered a second-claj matter at Indianapolis, Ind.. postcfflce. Tili: INDIANAPOLIS J Ol' It X A L Can te found at the follow ins places: NEW YOIIK-Astor House. CHICAGO Palmer IIou F. O. News Co.. 217 Dearborn street, Auditorium Annex Hotel, Dearborn Station News Stand. CINCINNATI-J. It. Iläwky & Co., lZi Vine street. LOUTS VI L.L.H C. T. Ierinjr. northwest corner of Thirl ant Jefferson stretts, and Louisville Hook. Co.. Fourth avenu. BT. LOUISUnlon News Company, Union Depot. WASHINGTON. T. C Fllsss House. Ebbitt House, Fairfax Hotel. Wlllard Hotel. DENVER. COL. Louthan &. Jackson. Fifteenth and Lawrence streets. DAYTON, O.-J. V. YYllkle. Z'i So. Jefferson street. COLUMBUS. 0.-Vladu7t News StanJ, 3SI High street. General Miles, In reply to a friend's question, declares that he is rot and never has been an aspirant for the presidency. Such being" the case. General Miles has been ilandered. The decision of the Senate committee to make a full Investigation of the Philippine eltuatlon la wise. It will forestall efforts to order special Investigations for political purposes and will place Congress in possession of facts which are needed for intelligent legislation. It Is not known how funny Mr. Bryan couM be if he set about it, but he is occasionally very funny when most serious; for Instance, in the paragraph in which he attributed the defeat of Mr. Eelmont, a few weeks ago, to hi3 hostility to the Chicago platform in Washington dispatches say that while the I'resldcnt does not covet the responsibility of deciding between the Nicaragua and Panama canal routes he will not shirk the duty if It is put upon him by Congress. If It were left to Mm the public would feel sure of an Intelligent and honest decision. fcf A change in the governorship of Hawaii Trill be quite an event in the islands. Hon. Sanford JJ. Dole, who has become unfitted for the duties of the office by ill health, was President of the Republic of Hawaii after the revolution and has been Governor elnce the annexation of the islands in June, 1300. It is announced that the President will use all his Influence to secure the passage of a law providing for the consuuetion of an isthmian canal. He docs not express a choice as to routes, but urges It on the ground that the people of the country demand it while the transcontinental railway companies are its only opponents. It may be remarked that the donation of $o00 made to the McKinley monument by the mine workers' convention measures a greater self-dei:lal than would the donation of thousands by corporations and millionaires. It la fair to make this remark because the wealth of the country has not responded to any extent thus far to the appeals of the McKinley monument com mittee. , A special from Manila says that the pub lic there, backed by the military, is Inclined to dispute Governor Taft's recent state ment, that within a year the army in the Islands could be reduced to 13,000 men. In a matter of opinion of that kind Governor Taft may be wrong, but he has been In many parts of the Islands and is doubtless better acquainted with the conditions than any of those who differ with him. It is reported that the charge of Judge Cantrill In Howard's case last Saturday was free from the bitterness which characterized his first charge. This may be due in part to tho reversal of the verdict in the first trial by the Court of Appeals, and it is possible there has been a change in public sentiment regarding Judge Cantrill's methods. Besides, the Legislature of Kentucky did not Indorse his course by making him United States senator. Representative McCall put the duty of reciprocity with Cuba on the rijrht ground when ho said: "The prime ground for a concession Is not to secure an increased trade, but that we may Inaugurate the new Cvban government under the most favor able auspices. Tho success of the little re public is highly important to ourselves. It will mark the noblest results of tho war with Spain, and also aid us to solve rightrously our insular problems in another part Of the world." Those who discuss the question as a purely commercial one overlook the moral considerations which make it a much higher one. A delegation of officers in the National Suard organizations of several States has been conferring with Secretary Root regarding a plan to revive interest in rinV practice among the people generally. The co-operation of the national government is asked in the establishment of a tiring range in every Stute which should be open to the public so that any American citizen ran have a chance to shout at regulati on targets. It is hoped In this way to famUIarite young men with th use of the rifle and kep up the American standard t.r marksmanship a thing v.hieh. however useless it tnay appear In time of peace, may prove Important In case of Midden war. Under the new ruling of the Postofllce Department Mr. Lryan has Ken obliged to top Bending his paper free to numbers of

Congress at pound rates. The department holds that this rate applies only to papers tent to legitimate subscribers and to those sent as bona fide sample copies for the purpose of securing new subscribers. As Mr. Aryan's object in fending his paper to members of Congrcfis was to convert them to his political doctrines the department hf Id that he must send it at tecondclass transient rates, namely 1 cent for four ounces, prepaid by stamps affixed. The ruling will not prevent Mr. Eryan from disseminating his views among deadheads, but he will have to pay a higher rate of postage.

without principles. The failure of the Democrats of the House to make any declaration regarding the nature of Democratic principles very naturally attracts attention because, whatever may be the cause assigned for such failure, everybody, or nearly everybody who gives attention to political affairs knows that it is due to the inability of the minority to agree upon any definite declaration of parjy faith. The resolutions of Mr. McClellan, of New York, written by Tam many's candidate for mayor and approved by Mr. Croker, were tntiiely lost sight of in the performance, which may be accepted as evidence that Tammany's leader ship is not acceptable to any other Demo crats than thore who are elected from New York city. The resolutions presented by a Southern Democrat, which reaffirmed the Kansas City platform with an anti-expan sion and anti-Philippine attachment, would doubtless have suited the majority of the members of the minority, but only nine teen members of the caucus went on record in favor of them. This means that the Democrats In the IIou.se did not care to come to a square vote on the question of declaring the Kansas City platform the latest expression of Democratic faith. The large majority of the caucus thought It expedient to dodge the whole question by declaring that the Democrats in the House have no right to assume the responsibility of declaring the party principles, and would not assume a function which did not belong to them. This is a cowardly evasion. The Democratic party in tho House has time and again declared the party views upon public questions with the emphasis of the dogmatic law-giver. While Mr. Cleveland was President the last time the Democrats, by resolution and vote, declared in favor of the unlimited, free coinage of silver, which was kept out of the platform of 1S02 upon which Mr. Cleveland was nominated. Before the meeting of the Chicago convention in 1S06, tho Democratic party In the House declared by a decided majority the party faith in the silver issue, as effectively as if it had becnproclalmed by resolution'. In the fear that the party in the House would appear to be hopelessly divided, the managers did not even dare to declare that the Kansas City platform stands as the latest expression of Democratic principles. While one-lifth of the caucus voted to reaffirm or Indorse Mr. Hryan's platform, four-fifths declined to go as far as that. They preferred to stand before the country without an attempt to present a declaration of principles lest it should be discovered that there is now a greater variety of opinions held by Democrats than at any period in the history of the country. Tili: CLAIMS OK CI' II A. The Denver Times, speaking for the beet sugar interest, which has gained more of a fcothold in Colorado than in any other State, protests against any concessions to Cuba. "The beet sugar interest," it says, "is not asking lor charity as Cuba is doing. but for justice." Self-interest is a proverbially strong motive, but it must be blind indeed tt be unable to see any element of Justice in Cuba's request for fair commercial treatment at the hands of the United States. Under the circumstances Cuba might with propriety ask for charity from the United States, for this government could not Justify itself before the world in first volunteering to liberate Cuba and then turning her adrift to starve. We arc under a moral " obligation to assist her. President McKinley reccgnized this obligation very clearly. In his annual message of 1900 he said: "The greatest blessing that can come to Cuba is the restoration of her cpricultural and Industrial prosperity, which will give employment to Idle men and le-establish the pursuits of peace." This he implied could only be brought about by liberal trade arrangements between Cuba and the United States. "It is important," he said, "that our commercial relations with this people should be close and reciprocal." If charity were necessary to assure the prosperity of Cuba she would be Justified in asking charity. But she Is only asking justice. She Is asking that, having been compelled to assume the expense and reponsibillty of Independent government, she may be enabled to provide the means of maintaining it. If tho future government of Cuba is to be a success and secure an Income sufficient to meet actual and necessary expenses, something must bo done for her chief products that will stimulate commerce. Political Independence at the cost of bankruptcy would be dearly purchased, and would simply mean future trouble for the United States. The Cubans could not be expected to look at the matter from this point of .lew, but they have a right to ask that the United States which has reserved to Itself control of the foreign relations and the finances of Cuba rnd the power to Intervene by force if necessary to preserve peace and rrotect property, shall make some commercial concisions to Cuba in return for these conditions. A request based on such grounds ravors far more of Justice than It does of charity. And. by the way, it would be Interesting to have a statement from the beet sugar manufacturers showing wherein their own claim is so essentially just and so conspicuously different from begging. If Cuba is asking for charity, what are they doing? In his paper Mr. Bryan lament.? the sending of representatives to the coronation of King Edward, because it "indicates a weakening of American sentiment and a lowering of American ideals." He asks, "Why should Americans hang around a throne and pay homage?" No one proposes to have American representatives do anything of the sort. The English government, who?e people .re our best customers, have invited the government of the United States to be represented at the coronation ceremonies. Would Mr. Bryan have this government refuse to accept such an invitation? The representatives of foreign government in the United States always show their respect for the American people by

being present at the inauguration of our Presidents. Besides, the Invitations of other governments than Great Britain to attend such ceremonies have been accepted. In 115, when the present Czar was crowned. President Cleveland had the United States represented by General Breckenrldge. General McCook and Admiral Selfridge. For the same reason Mr. Bryan should oppose the conferring of honors on Trince Henry of Prussia, on the ground that it will manifest "a drift toward monarchy." The difficulty with Mr. Bryan is that he has made it his vocation to criticise all the acts and rurposes of the Republican administration regardless of their character. He may think that he would not accept an Invitation to send representatives to the coronation of Edward, but if President he would do so as an act of international courtesy. If he did not do so he would be denounced by the whole country with the exception of a few "Jefferson Bricks."

The latest issue of the Yale Record, the students' organ, contains an editorial attack on the present management of the institution, from which tho following is an extract: But this new dining hall is the limit. It Is a feast to the eye and starvation to the stomach, a triumph of masonry, but a calamity of pastry. Its stones were laid well and recently, its eggs carelessly and a very long time ago. The beef is Bowery tough, and the pork well, if it were the swine that the husks did eat we should not care, but there is no chance of fatted calves on this kind of diet. We pay on the average about $4..' a week for this food we lcel for our 54 and look like the 30. There is another thing that seems rather overpriced, and that is heat. Ten dollars each to a pir of roommates for a caprlcious hole in the wall J w a room for the year. You could heat Hades at that price and save enough out of it to give the devil his due. When wo have money to burn wo want something better back than hot air. One need not know anything about the merits of the case to perceive that that 1? a prettj breezy specimen of student style. THE HUMORISTS. Her Side. Life. "I wish, my dear, he had made his money instead of inheiitlng it. He would make you a better husband." "Nonsense, papa. Why, then he would know how to keep it." AVnsted. Life. Editor What we want Is a story containing a real, Rood idea. Contributor Then why didn't you say so before? Here I have been reading the back numbers of your magazine for a clew. It. TThicaRo Tribune. "At the dawnce last niKht." said 'cholly. "Miss Green took me up to one of the other girls and Faid: 'Miss Brown!' Miss Brown said: 'Well, what is it. Mayme? Then Miss Green introduced ne. and everybody lawfed, and I couldn't see anything to lav.f at. to rave, my life." A Ficnilifth A muaemenf . Washington Star. "You are his rival In love?" "I am." "Yet you profess friendship or him." "I do. I have hern his dentist for several years, and I wouldn't forego the fun of fixing up his teeth for an thing in the world." The Anuel Child. Philadelphia Telegraph. Said Mrs. G., who had come to spend the day, to little Bdith: "Are you glad to see me again, Bdith?" "Yes. m'm, and mamma's glad, too," replied the child. "Is she?" "Yes, m'm. She Faid she hoped you'd come to-day and have It over with." Antidote for IHuen. New York Weekly. Winks Pome ;ilrnK. old boy, I've KOt two complimentary tickets for a dramatic performance. Jinks Tragedy of comedy? "Tragedy." "I don't like tragedies. They appeal so strongly to r.m's sympathies that I always feel blue for a week." "This one won't. You'll come home as jolly as if iu'd been to a circus. It's by an amateur company." INDIANA EDITORIAL NOTES. The late lamented Bryan does not wish rich men to endow colleges. That man Bryan is against anything thit does the world good and fosters progress. South Bend Times (Dem.) 1 The Congress properly should settle the canal question. The Congress Is the people's body. Rut by placing the matter in the hands of the President and the experts who have the facts in hand the Congress may be said to hav handled the matter satisfactorily. No safer agent could be named than Mr. Roosevelt. Marion Chronicle. Over In Kentucky they actually captured four bank robbers and recovered all the stolen money. Such conduct as this on the part of the people of Kentucky will greatiy tend to discourage tho noble and profitable calling of bank robbing- in that State and will drive them to other States where their profession is held in higher esteem. Columbus Republican. The Kansas City platform is a magazine full of possibilities for the Democrats, and for Republicans also. A committee of the House Democrats to consider resolutions outlining Democratic policy will, with much discretion, advise that the general caucus let the platform alone, saying nothing one way or the other. Some of them would like to see the old platform go off and die. but they are afraid to hasten it with a kick. Terre Haute Express. What reparation can be made the three young men of Valparaiso who were falsely accused of the murder of a man by a fellow who feared the loss of his job? While at Valparaiso they may stand fully acquitted, yet the oder of that accusation will follow them all the years of their lives. Some time, when the future has opened success, some rival or jealous eompe-titor will recall the charge, and they wlil be cast under a cloud again. The crime of the accuser in this case Is larger than any punishment can possibly be. Elkhart Review. Congressman Griffith is determined to keep his constituents advised of his presence in Washington. First he gave out In an Interview that he was going to the rescue of Admiral Schley. Then he told the reporters that he would introduce a bill to give to each Spanish-American war soldier a rjuarter section of land. Now he has decided to repeal the war revenue act of These matters, together with the committee assignments and an occasional fcnce-bulldiag tour of the Fourth district, will keep our congressman busy. Seymour Republican. So our old friend, Captain Dave Allen, of Frankfort, has been indorsed by the Democrats of the Ninth district as a candidate for secretary of state. Captain Allen was president of the late Allen Manufacturing Company, which utilized prison labor for the making of the bicycles it put on the market. The Jovial captain was wont to humorously remark that the men in his factory never went out on a strike, and he may make use of this potent argument in his campaign. A campaign banner inscribed "The laboring rran friend. Dave Allen, never had a strike in hi factory" would be big stuff. Terre Haute Tribune. Steel Titnk. I'lant for lienumont. CH1CA1JO. Jan. 27,-It is announced that the I'enman steel and iron works, which has a plant at Past Chicago, will erect a mammoth plant at Beaumont. Tex., for the manufacture of teel tanks for the storage of oil and oil-tan cars. The company has secured contracts for building oil jtorasre tanks, with a capacity atrtrreKatlnK l.o00.X barrels for the Southern i'acirlc road; also contracts for tanks with similar capacity for different oil companies.

ATTORNEYS HEARD

MERGER CASK IIEFORi: THE UNITED STATES SITHEJIi: CO U IIT. Aremtinitu ly nn Army of Legal Tnlent for and AgnhiHt the Application of 31iiiiieota. STATEMENT BY MR. DOUGLASS WHO IS SEEKINU. AX IJLCTIO. A(iAI.ST JAMES J. HILL. VlKornn Ctmtention that the Matter In One Within the Jnriwdiction of the Court. ARGUMENT OF OTHER SIDE AV. D. tilTIIUIE AM) J. AV. GUIGGS l'Oll THE MERGER. . Risht of Minnesota to Call on the I'ftloral Jiiillclary to Support Its State Lawn Combntted. Special to the Indianapolis Journal. WASHINGTON, Jan. 27.-VhIle the merger case was being argued In the United States Supreme Court to-day Mr. Justice White asked the attorney for the company If the Northern Securities Company was authorized under Its New Jersey charter to own the controlling interest In the railroads of the Northwest and by that means operate them? The attorney replied that It had. "What then," persisted the justice, "is to prevent you from going on acquiring railroads until it owns all the transportation lines of the United States?" The company's lawyer replied there was nothing to prevent such gigantic ownership, but he thought national law would be passed to prevent such a gigantic ownership. Soon after the court met to-day Attorney General Douglass, of Minnesota, renewed its motion for leave to file a bill of complaint on behalf of the State against the Northern Securities Company in the matter of the merger of the Northern Pacific Railroad with other railroads, saying that he had given notice to the defendants as required by the court. Chief Justice Fuller announced that the argument on this motion would be heard later in the day, as soon as the hearing in the case under consideration could be completed. When the case had been disposed of Douglass was recognized. He made the following points in support of the right of tho State to hie an original suit in this court: "The complainant bases its request for leave to iile and present its bill of complaint on Section 3. Article 111, of the Constitution of the United States, which grants original jurisdiction to this court in all controversies between States and between a State and a citizen of another State; also upon congressional enactment relating thereto. Section 6V7, etc., Revised Statutes of the United States. The right of a Stateto invoke the jurisdiction of this court to protect its property and individual rights and interests in an action against citizens of a sister State has long been recognized. Mr. Douglass th?n recited Minnesota's Interest in the case, as heretofore made public. Continuing, he raid: "A part of the statute law of the State of Minn sota relating to railroad corporations has been for nearly thirty years that no consolidation in any manner whatever shall take place between parallel and competing lines of railway within the State; thnt Is one of the conditions and considerations demanded by the State for the riht to be a railroad corporation and to exerci?e the nowers and privileges of such within the State Is that free and open competition In both freight and passenger rates shall exist between the lines of railway operated by such corporations, and the violation of these statutes is a violation of the contract rights or obligations of the corporations, as well as of the stockholders thereof with the State, and, as we contend, gives the State the right to maintain an action to enJoin such violation. The enforcement of such a statute Is the enforcement of a remedial statute, or a statute which gives the right to the State in its individual capacity, as well as in its capacity as the representative of its citizens, .to maintain this action in any court of competent jurisdiction. THE ANTI-TRUST LAW. "The State of Minnesota, in attemptingto enforce its statutory right and remedy by means of this action, Is not asking this court to enforce anything contrary to the declared public policy of New Jersey or of the national government. The declared public policy of New Jersey and the United States is against the consolidation and unification of competing lines of railway, and the removal of competition in freight and passenger rates. This policy is declared in the so-called anti-trust law of the United States, which has been before this court on several occasions. "The right to maintain a cause of action created by Statute, or which arises by reason of the violation of a statute other than a strictly penal law, has been recognized by this court. The contract obligation to obey the laws of the State of Minnesota rests primarily upon the stockholders of the corporation; it is one of the conditions which the State demands of the persons about to form a corporation; it in effect says to them. 'If you will obey the laws of the State relating to tho corporation you wish to form, the State will permit you to organize as a corporation.' As held by this court, the franchise of being a corporation belongs to the stockholders. It logically follows that the obligation to obey the law is imposed in the first Instance and forever after remains upon the stockholders of the corporation. "Tho stock of the Great Northern and Northern Pacific Railway companies, the title to which is placed In the Northern Securities Company, in the manner and for the purposes in the bill. must be deemed to be held by the last-named company as though located In and subject to all the laws of the State of Minnesota, and every power sought to be exercised by it by virtue of such stockholding must be in harmony with and not in violation of the laws of the State of Minnesota. The Northern Securities Company can exercise no power by reason of the stockholding, nor any management or control over the Great Northern and Northern Pacific Railway companies, which is In violation of or which tends to contravene the laws of the State of Minnesota. The stockholders of a corporation, as well as the corporation itself, can perform no acts and make no contracts either within or without the State creating such corporation, except such as are authorized by Its charter or some general law of the State relating to It. It fellows, as a necessary corollary, that a corpation, as well as Its stockholders, can perform no act or make any contract or agreement which violates n remedial statute of a State creating such corporation. SCOPE OF THE STATUTE. " "It will be noticed that the statute of Minnesota prohibits not only the consolidation of the property and railway lines of competing companies, but it also prohibits the consolidation of the stock of such railway companies In any way whatever. This statute is a part of the general law of the State authorizing the formation of railroad corporations, and Is an obligation or limitation which enters into and forms a part

of the stockholders contract with tho State, and is, therefore, binding on the Northern Securities Company. This company cannot complain of an enforcement of this contract obligation or the State statutes because It claims to be a stockholder In these railroad companies. The Northern Securities Company, as declared by its articles of Incorporation, was organized to purchase the stock of railway companies in the State of New Jersey or any other State In the Union and to vote the same. From this It follows that any stock of a railway company acquired by it outside of the State of New Jersey is subject to all obligations or limitations Imposed upon such stock, as well as the corporation issuing it. "The situation can thus be summarized: The holders of a large majority of the capital stock of two railroad corporations authorized to construct and maintain lines within the limits of the State of Minnesota have organized a corporation in another State for the express purpose of consolidating the railway lines and property of such companies and evading and violating one of the laws of the State of Minnesota, which bear directly on and gives the State and Its citizens certain rights and privileges In connection with the property owned and controlled by the railroads thus sought to be consolidated. "The only way i.i which the State can reach such an Invasion of Its laws and enforce Its rights is to bring an action In this court against the instrument or means by which such consolidation Is sought to be accomplished. If the State of Minnesota cannot avail Itself of the original Jurisdiction of this court to enforce its right, it cannot go into the State of New Jersey and ask the courts of that State to enforce its rights, because the same reasons uiyed against the Jurisdiction of this court could be urged with equal force before the courts of New Jersey. 17,01-0 MILES OF RAILWAY. "The bill discloses that this consolidation embraces about 17,000 miles of railroad, furnishing nearly all the transportation facilities available to the people of seven different States of the Union, which seven States embraced more than one-fifth of the entire area of the United States and nearly one-twelfth of its population. "While It is not a part of the duty of the State of Minnesota to enforce the rights of

the citizens of any other State, and It does not seek to do so, we ask this court to turn to those facts of which it has a right to take Judicial notice, and it will learn that six of the seven States through which these roads pass have constitutional or statutory inhibitions similar to the one which the State of Minnesota new seeks to enforce in this action. We refer to this only for the purpose of disclosing the far-reaching effect of tnls tremendous consolidation. If the State of Minnesota cannot maintain this action, we fall to see how it is possible for any State to enforce remedial statutes adopted for the protection of the Interests of its citizens as well as to protect Its Individual rights. "If what is attempted to be done here can be successfully accomplished the States of this Union are powerless to enforce such statutes. The national government, under its present constitutional limitations, can enact no legislation which will protect state commerce and state traffic against such a monopolistic consolidation as is referred to In this bill. The only practical way the State can protect Itself is by the adoption of legislation of the character sought to be enforced In this action, and the only tribunal in which that can be enforced under the circumstances disclosed in this bill is the one to which we now appeal. It seems to us that there is a controversy between the State of Minnesota and the defendant corporation a citizen of the State of New Jersey which, under the constitutional provision reft i red to, entitles the State of Minnesota to the privilege of the jurisdiction of this court; in fact, this is the only judicial tribunal in which the State of Minnesota can well assert its claim and present its controversy against the defendant." MR. GUTHRIE'S CONTENTION. W. D. Guthrie, for the Northwestern Securities Com, any filed a brief with the court outlining that company's position. He contended that the bill of Complaint proposed to be filed on behalf of the State of Minnesota does not present a controversy of a civil and judicial nature between a State and a citizen of another State justifiable in this court, and that no State can call on this court to enforce Its penal or police laws in other States. Hence this court is without jurisdiction. The bill a?ks the ceurt, he said, to restrain by injunction a citizen of New Jersey from doing thereacts which are entirely lawful according to her laws and which are sanctioned by In r statutory policy, siir.ply beoarse tho?" act; violate or -vade or tend to circumvent the pu'r-iic or penal or police laws of Minnesota, the eomrlainant. There is. he continued, no suggestion that the acts complained n are not entirely lawful in t'i Stale of New Jersey, or that it is not within the corporate powers of tho defer.dar.t corporation as an investment company to acquire or hold the stocks of railway companies. The solo ground of complaint is the alleged violation in New Jersey of certain enactments contained in the statutes or Minnesota. Hence lie contended that the Injunction prayed for would be nothing more or less than an order compelling th" Securities Company to obey in New Jersey the laws of Minnesota. He called attention to the fact that no relief Is sought against the Great Northern Railway Company or the Northern Pacific, although both are companies of the State of Minnesota, both, therefore, within the jurisdiction of the courts of that State. This was taken, he said, as a confession that neither of those corporations had sinned against the laws or Constitution of the State of Minnesota. He pointed out that as neither of these companies is a party to the suit no relief could be granted against them. Mr. Guthrie quoted many authorities in support of his contention. He said there is no Minnesota statute prohibiting co-partnerships or individuals from acquiring and holding stocks of parallel or competing railroad companies. This he considered most significant In view of decisions by thi United States Court in other cases. "If," he said, ' it be urged that the word 'managers' contained in the act of 1871 applies to James J. Hill. William P. Clough and others who were directors or officers of the Great Northern Company and that they eould not Individually, while acting as managers, acquire the stock of a parallel or competing company. It may be said that th act of 1SS1 omits all reference to 'managers' and that this subsequent act Implied they repealed the prior act which covered exactly the same subject matter. At any rae these gentlemen and numerous others whose names are mentioned In the bill of complaint arc not parties to this suit. Their rights cannot be adjudicated or their acts enjoined In their absence. They were omitted because to make residents of Minnesota parties defendant would have ousted the court of jurisdiction. It will strike the court as a novel proposition that the legal right of the Northern Securities Company to acquire and hold property under the laws of New Jersey Is to be tested and determined by the individual character or relations of one or more of her stockholders or directors." Ue asserted that the alleged threatened Injury to the alleged property interests of the State of Minnesota alleged In the bill of complaint is altogether remote and fanciful, GRIGGS'S ARGUMENT. Former Attorney General CJriggs followed, also speaking for the Securities Company. He said the fundamental error of the State of Minnesota In this proceeding 13 In making a claim to the assistance of this court In the exercise of its sovereignty. At best the command of the State could not be considered effective outside the State. The public pollce law of one State could not be extended to another State. He never before ha l heard of a case in which a State had called on the federal Judiciary to support its own state laws In matters not coming- under federal jurisdiction. It was not claimed that any damage had occiirred and whether any ever would follow would depend on the conduct of the railroads th?rr.5 elves, the roads so far having taken no such steps as the State professed to fear. Concluding the argument for the State of Minnesota. M. D. Munn snid that the law in controversy had been adopted to protect the State against the consolidation of railway lines which had ben constructed by State aid. Ho called attention to the fact that the act not only prohibits the consolidation of railroad companies, but also of railroad franchises and stocks. He contended that the act was framed to provide a remedy not only to the State In Its inJdviduuT capacity but also to the citizens of the State In their Individual capacity as well. In fact, the act was a pirt of the charter contract when the railroad corporations came Into the State. Consequently the State of Minnesota could enforce It at any place. He said the Securities Company could direct the affairs of the two railroads from New Jersey, notwithstanding the effect would be felt in Minnesota. The charge was that competition 1 and could be removed. Moreover, the directors of the Securities Company are stockholders of the Northern Pacific and the tJreat Northern Company, Its effect being as complete and perfect a consolidation as could be imagined. This was to be accomplished

entirely outside the limits of the State, but its effect would be concentrated upon the State. He also attacked the combination as a monopoly and as therefore a nuisance under the common law. He likewise controverted the Idea set forth by the opposition counsel that the Securities Company is merely an investment company. He quoted the articles of incorporation to show that the company would have perfect control over the railroads. Justice Shiras asked what the effect on the management of the two roads would be If the injunction prayed for should he granted, and Mr. Munn replied that the control would revert to the original stockholders. . In reply to Chief Justice Fuller and Justice Harlan he said it would be impossible to secure relief in the State courts, as it would be Impossible to get jurisdiction, the Securities Company having no resident representative In Minnesota. Furthermore, he aumed that the directors of the two railroads would obey the dictates of the Securities Company as the slave would obey the commands of his master. When Mr. Munn concluded the court toot the application under advisement. - DECISION'S I1V THE COtHT.

Section 21S of the Kentucky Constitution Declared Invalid. WASHINGTON, Jan. 27. A decision was delivered by the United States Supreme' Court to-day in the case of the Louisville & Nashville Railroad Company versus T. R. Eubank, coming to this cerurt on a writ of error from the Circuit Court of Simpson county, Kentucky. The case Involves the validity of Section 21S of the Constitution of the "State of Kentucky, prohibiting a greater charge for short than for long hauls on railroads when the longer haul involves the question of interstate-commerce. The opinion in the case was presented by Justice Peckham and holds that the provision as thus applied Is void. Justice Rrewer delivered the opinion of the court in the case of the United States vs. the Southern Pacific Railroad Company, involving title to land sold by the railroad company on portions of the company's land grant which it afterwards decided had not been earned. The court held that the action of Congress in 1; had the effect of legalizing all these purchases except a purchase of 33iOO acres which was made by Jackson O. Groves for a foreign corporation. The remedial act did not apply to aliens according to the court's opinion. The court refused to grant permission to file a petition for a writ of mandamus in the cases of John YY. O'Brien, late United States weigher, and James H. Cochenower and William 13. Shafer, late Inspectors of customs in the off.ee of the collector of cus toms at the port of New York. They were discharged a year or more agri by Collector Rid well and they resisted the discharge on the ground that it was in violation of the clvll-servlce law. They Ftrnght by this pro ceeding to secure the intervention of the court to compel restoration to office. The court by Its decision declines to do go. The court granted the motions of the solicitor general to advance on the Supreme Court docket the five Chinese cat;e recently brought to the court involving the valid ity of the Chinese exclusion act. ihe hearing In the case was set for the first Monday In March. Chief Justice Fuller to-day announced that the United States Supreme Court would take a recess from next Monday until Monday, Feb. 1. The recess will be de voted to the consideration of questions al ready heard. MR. F0ÜLKE WAS EARNEST AM) HE AHOISHI1 THE OPPOSITION OF TWO ;oGHESSMH. Lively Time nt n Meelinir. of the HouMe CeiiKiiM Committee Olijeetlon to tt Dill. Special to the Indianapolis Journal. WASHINGTON Jan. 27.-VllIiam Dudley Foulke, of Indiana, civil-service commis sioner, Mr. Proctor, the president of the commission, and th.. members of the House (usus committee had a lively ses-sion this afternoon when the proposition to make the Census Dunau permanent and allow the clerks to come under the classified -ervice was being discussed. Of course, the Civil-service Commission is opposed to tho bill, as it would place on Its list a thousand or so clerks who have never taken an examination and who would crowd out thousands of others who have taken examinations and passed and are now waiting for their names to be reached. Mr. Foulke said that the examination that was required of the census clerks was very inferior, which aroused Representative Heatwole. of Minnesota, and Representative Crumpacker. lie also cald that a great deal of favoritism had been shown in the selection of clerks, which was surely against the rules of the Civil-service Commission. The commissioner suggested a paragraph for the bill authorizing the President to include In the classified service only the permanent employes of the Census Office and not the temporary employes. He stated further that under the present proposed till a man performing common labor in the Census Office could be transferred to one of the departments as a translator of Spanish. To prove the value of the civil-service examination Mr. Foulke said that many railroad companies and other large business concerns apply to the commission and ask to lie allowed to select from the applicants on the waiting list persons for their employ. If the person wanted is at the head of the list the company is refused the privilege. Dreetor Merrlam will appear l)efore the committee to-morrow. He says that 500 more clerks will be dropped from the Census 0!f:ce rolls soon. His bill provides that all who have been discharged within a year may make application and be assigned to some other department. EXAM I NATION CA N IE LEI). CliHrgci Made At;niiit Statistician Hyde and Mr. Ilnreh. WASHINGTON, Jan. 27. The Civil-serv-Ico Commission has canceled the examination for special statistical compiler for the Department of Agriculture, held June IS and 19 last, and has made public Its report on its investigation of the integrity of that examinatlcn. The report says that employes of the division of statistics were improperly and unfairly assisted in their preparation for the examination by disclosures made by Mrs. Bertha Rurch. an employe. In pursuance of instructions from John Hyde, statistician of the Department of Agriculture, directing her to give all the help in this examination which she "legitimately" could. The leport says the testimony shows thrtt advance Information of a more or less definite character was given out by her covering at least six questions asked in the examination and also that unclassified" laborer? in th" statistical division were given other unfair advantages, the questions bdng framed In such a manner that only thoso experienced In the actual work nt the dlv:sion could pass. The report calls atten tion to an apparent effort bv Statistician Hyde to forestall the investigation of the eomi.iission in respect to one or more of the witnesses examined and says threats were made to tnem. The report reads: "We are under the very niyneFi moral onngatlon to protect all witnesses who, at our request, have appeared before us and have given testimony in relation to this examination. The -onn lesion will exhaust all Its powers before it will permit any of these witnesses to he uismi.-seu or iiijui iouf.v anected in anv manner, directly or indirectly, on account ot information which they have tommuricated." , Feu GeorKlnn Contributed. ALANTA. Ga.. Jan. 27.-Dispatches from the principal cities in Georgia indicate that Governor Candler's suggestion that the churches take up a collection yesterday for the benefit of the McKinley "rnemori il fund was not followed. In Atlanta no collection was taken In any church, nor was reference made to the matter by ministers. Oll Company I it corpora ted. DOVER. De., Jan. IT.-The Giant Oil and Producing Company, of Akron. .. capital. JJ.Oo'.", was incorporated here to-dav by U C. Miller. J. L. Miller and Joseph S. Renner, all of Akron.

mm SLURRED

GALLANT AHM V OFFICER ATTACKED II v senator mnois. 31nliclonlr Afinllel for His Aliened I Iterances Concerning Schurxunn and Ilia Speech. REBUKE BY THE PRESIDENT SlGGESTEIl RV THE lllAHOAN AS MERITED ri nimimi:nt. Wheaton AHnded to nn Soine ChnrltT Roy' Who Han Ileen Supported by the Government. HEATED WIDE RANGE DEBATE IN. AV1IICH TILLMAN AN OTIIUUS ATTACKED Til 12 GOVERNMENT. Money Would Let the IMillippine G to the Re 11" Administration Defended by Mr. LodK WASHINGTON. Jan. 27. An animated and prolonged discussion was precipitated In the Senate over the right of army officials to criticise utterances made in the Senate or .elsewhere on the conduct cf Ifalrs in the Philippines. At times it became somewhat acrimonious, officers in the Philippines being taken sharply to task for statements attributed to them in dispatcherfrom Manila. Rising to a question of privilege early in the session, Mr. Dubois, of Idaho, had re ad an Associated Tress dispatch from Manila in which General Wheaton was epiotcd as criticising some utterances of Professor Schurman in a speech delivered in Roston. Mr. Dubois thought the President, in the circumstances, would be warranted In reprimanding General Wheaton for his criticisms. Ho declared that such comment on the action of the Senate was "outrageous and indecent," and that the minority had had quite enough of threats and blackmail. The debate thus precipitated took a wid range. Mr. Lodge, Mr. Spooncr and others maintained that ne newspaper utterance ought to be accepted as the basis of a reprimand of any officer unless it were supported by an investigation indicating the accuracy of the report. Rising to speak on the ponding question, Mr. Money delivered an extended speech, in the course of which he went pretty thoroughly over the whole. Philippine questionMr. Piatt took sharp issue with the Mississippi senator on some of his conclusions of constitutional law, contending that the United States could not be cx looted to grant independence to the Filipinos and to relinquish all rights in tho islands merely because of the natives' desire for libe rty. When the Senate nut Mr. Idge, chairman of the Philippines committee, favorably reported a resolution authorizing that committee to make an Investigation of the Philippines question, ar.d f.ir that purj ose to sit during the sessions of the Senates. The resolution was referred to the committee on contingent expenses. CREDENTIALS PRESENTED. Mr. Rlackburn presented the credentials of James R. McCreary. recently elected a senator from Kentucky for a term of six years, beginning on March 4, 1i3. They were placed on file. Mr. Hanna likewise presented the credentials of his colleague, Joseph Renson Foraker, who was re-elected recently to the Senate for a term of six years, beginning March 4, They were read and filed. In Introducing a resolution providing for the appointment of a committee of experts to ascertain the cost of an isthmian canal tunnel live miles in length by what Is known as the Darien route Mr. Scott gave notice that at some later time he would address the Senate upon the subject. Then came the Wheaton Incident. Mr. Dubois, rising to a question of personal privilege, directed attention to the dispatch from Manila quoting General Wheaton aa criticising some remarks of Dr. Schurman in a sieech at Roston and that the opinion was prevalent In the Philippines that men were sent to prison In Manila for sayins less. "I think." said Mr. Dubois, "In view of the statements In this dispatch the President ought to reprimand General Wheaton and those officers In the Philippines who are criticising the Senate for its action or statements regarding the Philippines. I don't know who General Wheaton Is. but he probably is some charity boy appointed to West Point by a senator or representative, and since supported by the government. Such remarks as he Is quoted at having made are, however, outrageous and indecent." Mr. Lodge suggested that it would be wise to ascertain before General Wheaton was reprimanded whether he actually made the statements attributed to him. General Wheaton. he said, was an officer cd ability and character, and I.J hasty action ought to be taken In such a case. Mr. Teller I do not think there is any doubt that General Wheaton said what Is attributed to him. Mr. Lodge There may be a great deal of doubt of it. Mr. Teller, continuing, said that such a situation f.s had arisen was one- of the blessings growing out of the conditions in the ITiippInes. A padlock, he assorted, was to be placed upon the mouth of every man. congressmen and private cltiz'ti. ana every criticism of the admlnlstr iti .n' Philippine policy was to be frtopp d. He nferred to the criticisms of senators who have antagonized the administration's policy in the Phllippiens, d-claring th-y had been charged even with treason. "I fjppose." said he, "that no senator, after s whlie, will be able to read on this floor the Declaration of Indep-ndence without subjecting himself to a charge of inciting treason." He said that if Professor Schurman s spe-ech was published in the p.ili;;dn. s It was known over there that he proposed that the Filipino! should ultimately have their independence. "Anybody." he asserted. who uill criticise the utterances in that speech wouM criticise the Declaration of Independence If he dared to do so." THE TARIFF RILL. When the Philippine tariff bill was taken up Mr. Rawlins quetioned Mr. Lodire about acts of the Philippine Commission which were designed to prevent the discussion of Philippine independence in the islands. Mr. Lodge said such acts were passed, but they were for the purpose of suppressing the insurrection; that it was desirable that p ace should be stabüshed b f. re iacepende r.c of the Islands, and other qu stior.s be discussed. Mr. Rawlins said the acts of the commicion were- a suppression of free peevh in the Philippiner. Mr. Lodge t-ald that the act related wholly to armed insurrection In the- islands. Mr. Dubois, reverting to the W'h uton Incident, said he objected to army o:Mr-rs criticising the Senate or the minority of the PMoT pl: e committee-, and salt g that their ac.Soa wa encouraging the Kilij ir.os. lie said that the army o:ücts natura" wanted the war to continue. They v. ere thd people who thrived upon It. Mr. Loci-? taid Mr. Teller statement concerning the Declarati n of Independence was "silly." What President Shur:n..n 4ld In Roston did not. in hi cqdrlon, concern the Senate. The e n!y p mt vm uLether a general of the United StatM

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