Indianapolis News, Indianapolis, Marion County, 29 August 1919 — Page 38

THE INDIANAP0L1S NEWS, FBIDAY, AUGUST 29, 1919.

tlon to expunge

^oTv'^SS 1 w “ to prove that he wa*

India. | Ukrainla.

s.»3a

between Tom Tajlor and

on to expunge the matter from the

Haute

r-''

Haute would progress if it were not for

Tom Taylor.*'

[■ India. ! a place for

* table, he asserted, only, meantime mak-

^ persevere her oppreswanted f to get another vote/' d. "bat she didn't ask the of India even to choose the reprewho would sign the peate for her. Either India is to ; an honest-to-Ood signatory or she is and if she is not, then her condiwill be worse than any territory

.ft

Next Meeting at Evansville. Evansville was unanimoasly chosen the place for holding the 1S» c<mvention Indianapolis and Evansville nominated Thursday. The Indelegation was asked to withcity from nomination, but exit would be unable to do so. ral Labor Union had unaniinvited the iS&> convention to

_ _ Jiere

Raymond Cleary, of lUinois, twganiser for the Electricai Workers' Union, explained the recent strike of electrical workers in this -nty. He said the members of the local union had been working for starvation wages. He declared they had violated no contract with their 'em, and said they were not orbftck to work Wednesday. They advised to go back to work, he and In the meantime, he and other rs are negotiating higher wages

il the employers.

A report of the educational committee, recommending free text books for

school children, the oomi ing of English to non-

awarded, upon consolidation, to the terminal company or. Its shareholder*.” Board's Action Not Ignored. The opinion refers to the action of the public service commission in asking for a readjustment of securities to reduce fixed charges, and in lat»r approving the merger. The court says the action of the commission should not be ignored but should be accorded "a considerable degree of persuasiveness. ’' The last five pages of the opinion are taken up mostly with a discussion of the public service commission’s action. The supplemental conditions of the approval by the commission of the merger agreement are referred to as "mere assertions.” The court does not find that the commission go changed the merger agreement as to make it necessary to take it back to the stockhoiders of the constituent companies for approval. In the supplemental bill of complaint the plaintiff alleged that fundamental changes had been mode requiring action by stockholders The directors of the constituent companies filed acceptances of the changes and conditions set down by the commission.

Appeal Not Decided On.

The attorneys for the plaintiff were James W. Noel. William L. Taylor and John W. Hoiucmann Those for the defendants were Ferdinand Winter and Will H. Latta. Mr. Noel said it was not known whether an appeal would be

Isory teach- { **^*51 ..

Jish speak-1 T nder the merger agreement as ap-

that, if. upon a fair reading of the statute, such element must be deemed vital, ft should have been overlooked in

that case.

“But a further consideration, assuming that the language of the act might be open to questionable application, must dispose of the contention adversely to the plaintiff. The court may tshe cognisance, in a broad way, of street railroad development, urban and interurban. within the last three decades. It has been very like steam rafieoad development in the manner of projecting and financing roads. There has net been, any more than then was wtth steam railroad development, a policy of projecting, at a single time a large network of railroads. The method indicated in the Bonner case has been followed, namely, by organ feci n* separate corporations, each charging Itself with limited construction and operation. This has been true, not only of what are strictly urban, ^r city street railways, but it has been true of state and interstate 'interurban’ companies.

Practical Construction.

"I have no doubt that the legislation, both as to steam and street railroads, was developed in recognition of these situations, and no suggestion can be made for legislative action embodying a broad spirit—and, as noted, under very broad language—which would deal with the one phase of interstate development. leaving the intrastate or mu-

ing pupils and the passage of a law set-) proved by the public service commission ting the minimum age at which a child i I" 0 ” 5 than of bonds of the Inmay leave ^h^aV^ixte^, years, Wffl ^napolis Street Railway Company and

fresh coercion! be made by the committee^of whteh I- ‘ i n ? Te, ™ in * 1

of Richmond, is chair-

of 'WgltaiSS i £.

a nation-wide strike to It was believed likely at the cloee

therewith

by the military

they were put Martial taw was

which had seotenced.^^p ^to

of the morning session thst it would be necessary to run the convention over to Saturday morning. "If an extra session is necessary it will not be held

tonight,” Adolph Frits, secretary, declared. “as we are working on a six-

breakers r«would mayor, the sheriff

■ governor.

m f-:# 1 ^ - |SM r;_[ *

Situa-

Mil

*'4gs puB ms nBBHHn

i .

“ Strike.

» NSW.] 2».—Five here, mem-. No. ««5,

The

iTt r^ u

be set

», seventy-three persons to Plea f4ir independence

j The ease of the othe.r four nations | hourwiay basis

wss presented by representatives of the | Resolution. Adopted.

American recognition of the Resolutions condemning the action of independent states. They ] Governor Goodrich in sending troops for

“ strike duty to Hammond and asking a federal investigation of the labor situation in that city, indorsing the Plumb plan for tripartite ownership of the railroads and opposing the universal military training plan propo«<?d by the secretary i t war, were adopted at the Thursday afternoon session of the Indiana Statii Federation of Labor. The three resolutions were passed unan-

i tmousiy.

The resolution concerning the Hammond strike was introduced by the Lake county delegation. It declared that no trouble had occurred for five days prior to the time the troops were sent and that troops were entirely unnecessary, and asked that a committee be appointed to confer with the Governor In regard to the removal of the troops, and that Senators New and Watson and Congressman Wood be requested to introduce a resolution in the congress calling for an immediate investigation of the labor situation in Hammond. ( Resolution Discussed. Considerable discussion arose over the resolution, although no one spoke against It. A few appeared to be defending Secretary of Labor W 7 ilson for telegraphing Governor Goodrich to s^nd the troops, saying that they were certain he did not know of the conditions at Hammond. Others, including W. P. Mullen, of Hammond, censured the Governor for sending the troops The/ said the troops were absolutely unnecessary. There was no discussion on the resolutions indorsing the Plumb bill and opposing universal military training. A bill now before the congress providing for a raise of from 35 to 40 per cent. In salaries of postal employes, was indorsed. A resolution also was adopted for a bill to be introduced in the next legislature providing that the public service commission hold hearings on rate petitions tn the counties most seriously affected. The convention asked that the inspection department of the state industrial board be made- non-

partisan.

Talks were made during the afternoon by Mrs. I* Luella Cox. a member of the state industrial board, and Haroid Henderson, attorney for the United

Mine Workers of Indiana. On the War Veterans.

Joseph A. Wise made a short talk before the delegate- on the aims of the National Council of the World War Veterans. He declared the organization stands for organized labor and for the support of the federation. As opposed to this organization, he said the American Legion, organized for the officers, was "undemocratic and un-American." He criticized the action of Theodore Roosevelt -for siding with the American Legion. Resolutions weic introduced indorsing the World War Veterans’ or-

ganisation. . '

Evansville and Indianapolis were nominated as meeting places for the convention of 1920. The election was to take place Friday at 10 o'clock. The credentials committee, in making a report, recorded tnat 471 delegates are attending the conference. Upon making its report, the committee on laws recommended that the sessions be held during five days hereafter, instead of three.

chain of buffer states up to euf off Germany

a Union with Russia,

committee wa* told that the four

nations comprised sixty mill ions of people and that the settlement of their cases having been left open by the peace conference Germany wa;* trying to "Germanize" them. As a result, their representatives declared, "another Balkan question," wa* growing up In the

of the old Russian empire, tenant-Uommander G. A. Beall.

vy, spoke for Esri Pod in, of New

rk, for Livonia; John H. Lopatto of Wilkes-Barre, for Lithuania, and Emil Revyuk, of New York, for Ukralnla. They declared Germany was not carrying out the treaty provisions along her eastern border and showed the committee a moving picture taken by American army officers in Livonia portraying the execution of a number of Lettish men and women by the Germans because they were suspected of Bolshevism SAYS UN HAD 100 MOCH TOW IMPACT Continued from Page One. say amputate the league covenant from the treaty, but for the sake of everybody ratify the treaty."

Interest in Elections.

While the question of the peace treaty is the most Important at the present time, the deputies are looking forward to the elections with mingled hope and anxiety. There is some discussion as to whether the senators or deputies 11 go before the voters first, the ators declaring that the deputies uid face the popular verdict first, while Jie deputies take the stand that the senators should try out the new electoral law. The mandates of the nitles expire June 1. i»l*. while some the senators have been sitting since without mandates and others since .* The senate will assemble Septem-

ATTACKS ON WILSON.

Frgnch Paper* Arouged Over Ad-

mirer* Warning to Turks.

PARIS, Au|rust 29 (by the Associated Press).—The French press is almost

tele- unanimous In criticising what Is termed

President Wilson's note to Turkey with regard to the cessation of massacres in Armenia. The newspapers seem to be under the Impression that the communication was a formal one Instead of being an Informal warning by RearAdmiral Bristol*, acting under state department instructions, and assert President Wilson went over the head of the peace confernce and declare that the gravest of consequences may follow. "President Wilson doubtless meant well," says the Echo de Paris, “but the note may have contrary effects to those he hoped for. Without consulting the peace conference he suddenly modified his fourteen articles for the foundation of the peace treaty and this ac-

tion will belittle the conference,"

LTnfotmaUon says: "President Wilson has performed the act of an authority and a mandatory. Such initiative is deep with meaning and consequences. It marks the beginning of interference by the United States in Turkish affairs and its decision to follow its own policy without consulting the peace confer-

ence"

Others of the newspapers comment along the same lines

TO BLAME POO H C. L

Continued from Page One. we must dethrone the kaisers in terlca. We have steel kings, oil copper kings, wheat kings and rings here, until one of our kings more by the American people in » year than all the crowned heads

Control Everything, business interests control the church, control the educational instituand the press, the speaker said, until the time has come for the people, who are in the majority, to assert their rights, and take away the right to exploit any individual in prices or wages. If Intelligent action is not taken soon, he declared, the structure of the country will topple over. Attacks Judicial System. Mr. McDonald attacked the judicial system of the country. He declared »,t the courts have denied all eonstitu1 rights to laborers. He said the Sherman anti-trust law has been a failure, and that the nearest the government has come to “busting a really big trust has been when election time came, and the parties went to the trusts for —mpalgn funds," •Our motto lias been to elect our and defeat our enemies,” the declared. "Hereafter we must ourselves." . . wing Mr. McDonald's address a motion to report out of the resolutions committee a resolution proposing a plan for a labor party in the state passed unanimously without discussion. It is understood that this resolution provides for the formation of a labor party at once, to become active in the next political campaign, and to be composed of Ion laboring men and those favorable he rights of laboring men." Taylor and Raney In Tilt between T. N. Taylor, first viceof the federation, and \V. H. of Terre Haute, was prethe opening of the morning m Taylor read a statement account of yesterh said that Raney e Terre Haute fight * to force his reeogniof policemen, to have political differences 'rf (Gem Richards of safety of exha v*T told that was a

Continued from Page One. the probable effect on values. The court finds that the voting of proxies at the stockholders' meeting was valid, and that the proxies, which gave authority to vote "substantially” for the proposed agreement sent out to the stockholders, gave ample authority to vote for the amendments adopted at the stockhold-

ers’ meeting.

"I am well satisfied." says the court, “that so long as the changes or alterations in the plan were germane, and after adoption, left the modified or changed plan in concurrence with the fundamentals and resting upon the foundations of the projected plan, the proxy even as between himself and hia principal, possessed the right to further a vote for such amended plan. This further may be said: Not one of the amendments in fact adopted can be said to be in clear disparagement of the rights of Street Railway Company’s shareholders as a whole. Some of them are merely declaratory of the legal effect of the consolidation in certain as-

pects. .*-• ” "...

"The amendment suspending the voting”power of the common stock in certain contingencies is, if valid, in the obvious interest of the plaintiff and his associates of the defendant street railway company. If the amended proviso is invalid the proxies violated no right

when they voted for it.”

The court does not decide whether the restriction on the voting power of common stock is valid, nor does the court decide the legality of the action of the public service commission in conditionally approving of the merger. The opinion suggests that a test of the power of the public service commission could be made at the proper time.

Natural Division of View.

The opinion says that naturally there

is a division of view when a large number of shareholders meet to consider a situation affecting them personally, and "neither faction gains advantage by merelv charging the other with confederation, collusion, conspiracy or, gener-

ally. with fraudulent conduct.”

Company, bought in by sinking funds and Internet accumulations on sinking funds are to be canceled and to cease drawring interest, and sinking fund payments are to be suspended until 19C. In place of the canceled bonds, new consolidated company bonds may be issued to

rehabilitate the property.

Under the agreement the old Indiana-

polis Street Railway Company

common stock, on which there was a guaranteed interest of 6 per cent, given by the Indianapolis Traction and Terminal Company, became 6 per cent, cumulative preferred stock, which will draw dividends if earned. The |5,000.«W common stock of the Indianapolis Traction and Terminal Company was reduced In the stockholders’ merger agreement to t2,50o,000 common stock in the consolidated company, but the public service commission required reduction of this stock to fl.OOO.OGO. until such time as it can be shown that there Is a value of the property war-

ranting more than $1.000,ObO.

The old Indianapolis Street Railway Company was incorporated in 1899 and operated until 1902. when Its property was leased by the Indianapolis Traction end Terminal Company, which built the interurban terminal station and made some extensions and additions, includ-

ing a downtown loop.

Two Question* Presented.

After reviewing the bill of complaint for twenty-five typewritten pages, Judge Geiger begins his opinion by taking up the contention that the act of 1899 or the 1908 amendment to the act of 1899 did not authorise two domestic street railway companies to consolidate. The opinion

reads:

"There are two questions presented on the motion to dismiss: First, whether the defendant companies had the power under the laws of Indiana to consolidate; secondly, whether the consolidation should be restrained ‘ in equity because of its terms, or because of Infirmities in proceedings on the part of shareholders to secure its adoption. "The parties, are agreed that the answer to the first question depends upon the interpretation and effect given to the Indiana act of March 3, 1899, entitled ‘Ap Act to Authorize the Consolidation* of Two or More Street Railroad Oampanies, and to Enable Street Railroad Companiek to Perfect Their Lines by Connections, Preserve the Extent, Character and Privileges of the Same, and Declaring an Emergency.’ Section G of the act as originally passed, read as follows: Authority to Unite. " ’Section *. Any street railroad operated by electric or other power, organized under the laws of this state, shall have the power to intersect, join and unite its street railroad with any other street railroad by whatsoever power operated, constructed or in process of construction, of this state or in any adjoining state, on such point on the said line or any other point as may be mutually agreed upon by such company. And such companies are authorized to merge and consolidate the stock of the respective companies, making one stock company of the said street railroads, thus connected, upon such terms as may be by them mutually agreed upon, in accordance with the terms and provisions of this act and the laws of the adjoining state with whose street railroads connections are thus formed. Provided, their charters authorize said street railroads to go tc the state line, or to other point of intersection.’ "Such act It will be observed, was passed shortly prior to the incorporation of the defendant Indianapolis Street Railway Company. It was amended by act of March 7, 1903. but in. particulars not material to any question in the present case.. Question of “Domestic" Roads. "The allegation of the bill, in substance that the the defendant street railway company, having no actual, or authorized or operating, extension of railway line, to any point upon the state line of Indiana, nor any junction or connection of such line with the line of any other road of such or an adjoining state, touching the state line, forms the basis of the plaintiff’s contention respecting the interpretation of this statute. It is that, because the defendant street railway company Is circumstanced as set forth, it is without power to consolidate with the terminal company, which is equally a so-called ’nonstate-line company.’ In other words, two or more domestic' street railway companies can not consolidate under the act of 1899. “Although the act has been in force for two decades, the contention now made seems never before to have arisen; and its consideration involves the language of the act. the judicial utterances respecting Its scope and object, and its practical application, historically, so far as that may be within the cognizance of the court. "Whether we look to the original, or to the later amendment and more grammaticgl form of the statute, its language, in my judgment, not only does not . support the contention, but rather clearly negatives it. In either, if the various words and clauses of the act are to be given effect, the contention can not be sustained unless some of the language, which clearly negatives the position of the plaintiff, be treated as surplussage. The original act empowered street railroads, organized under the laws of Indiana, to intersect, join, and unite with any other street railroad of this state or any other adjoining state, on such point of the state line or any other point.’ ” Judicially Coneidered- ‘ There is no suggestion coming from the plaintiff, that, upon plain grammatical or rhetorical tests, neither the original nor the amended act supports the contention unless by arbitrary exclusion or limitation of the language of the act pertaining to connection of purely domestic companies: and this is made more clear when the act is now read in the light of its judicial consideration and its actual enforcement and applica-

tion.

"Without doubt this act had its development or was developed from the steam railroad consolidation acts of Indiana, passed in 1853. It is a ‘substantial copy’ thereof. “Norton vs. Union Traction Co., 183 Indiana, p—: 110 N. E. 113. "And, therefore, the court may well say of the act before us, as was said of the parent act, that it ‘meant to express the permission of the state of Indiana that lines of. rail road, separated In matter of operation by reason of their having been separately incorporated, might be consolidated.’ * "Bonner vs. Railway Co.. 151 Fed. Rep. p. 988.

The charges of collusion and eon-

and argumentative generalities." j "And while it may be true that neither The court finds that the "real infirm- the Bonnor nor Norton case, supra, ity of the bill of complaint is that "in . , , ... . none of its allegations of matters of de * ,1; categorically with the point now fact does it provide a basis for inferring raised, each treats the statute as emthat these very matters were not legit- j bodying a broad spirit and policy with

imately a subject for consideration of the shareholders and on which a major nty might in the exercise of good judgment and in good faith, reach a conclusion one wav or the other.” Reference is made to the allegation "that the admitted properties of the Indianapolis Traction and Terminal Company were in part paid for by the

earnings diverted from maintenance and steam railroad acts, but In quoting it, upkeep of the street railway company," deemed nonessential what JR now urged and the court says this allegation "does as a fundamental prerequisite to any

m«ly, the **t

respect to consolidations, w’kerefore its language, if plain, should not be restricted. and if doubtful, should be interpreted. If possible, to effectuate the

broad policy.

"In this connection, it Is of interest that the supreme court of Indiana, in the Norton case, treated the statute, not only as a substantial copy of the earlier

not negative ownership, nor break down the right of the shareholders to consider the conflicting claims with respect to liabilities as an important

consolidation, namely, the 'state - line feature,' and whatever debate may be had respecting the pertinency of such feature to the situation involved in the

item In determining what shall he< Norton oasts it ift higull impcehaMe

Hons, their officers, shareholders and general affairs. But when it appears, as it does in the present case, that a public utility commission, apparently vested with a large jurisdiction, has brought before it the affairs of the defendant street railway companies, has directed them to take some steps which, as heretofore noted, were deemed es

sential to insure discharge of their pub- the new company obtain the consent of rw* tt*TYi*** xrae*<a # .**sf t Tt _ — ^ at _a.sa. ^ ... ^ _

He functions, thereby necessarily in

volving their properties and affairs: that nies to the cancellation of bonds bo

the utilities upon such promptings, de- ' m - -

velop and adopt within the scope of

fy the contract to buy of the Union Traction Company the tracks in College avenue from Fairfield avenue to Forty-sixth street for $92,872.W. Already the local company has ordered material for a “Y" at Forty-sixth street One of the subsequent conditions on which the public service commission approved the merger agreement was that

bondholders of the constituent compa-

in by sinking funds but held altw for the purpose of drawing interest, and

was the intention that a situation thus ] P me by 1 Evidence of formally developed should be respected, such consent It was said the company prima facie not as . b A* has been making progress in getting the promotive of the best interests of all | squired consent and may ask the concerned. commission for an extension of time

No Showing of Fraud.

"It strongly suggests that unless and until facts are averred showing with some clearness that not only was there a miscarriage in the forum possessed by the shareholders themselves, but also in the public tribunal, that a fraud was committed by a majority upon the minority, and that the commission must be regarded as a victim of or as a party to the fraud, a bill challenging the situation should be treated as infirm. Unless the acts of the commission are accorded substantially this degree

situations li quite ^ * wlthou t ^ power j 8 ^ b c ^ bun e ‘ ls to accomplish the same, and equally * sar»mi*l\ Imnolred m effective ex

of one month. Attorneys of the company have held that the bonds bought in with sinking funds are really dead, and -even if a few scattered bondholders refuse to consent to cancellation, it can not prevent the company from carrying out the orders of the public service com-

mission.

needful results obtainable through con solidation. Counsel for the plaintiff, during the argument, seemed to appreciate this, and conceded a practical construction of the statute by executives and parties interested quite out of accord with the contention now pressed. But the court is not at liberty to Indulge In the view that the “many consolidations" of electric roads at one time or another, beginning with even prior to 1899. “occurred with scant or no authority” followed by mere “acquiescence.” On the contrary, the various acts, both those pertaining to steam and to electric roads, show a rather clear legislative conception of the necessity of granting permission to the various corporations to meet the actual and practical development of railroad lines

aft above referred to.

*T am well satisfied that the interpretation claimed for the statute on behalf of the defendants is the only proper one

Board’* Action Upheld

The qpinion says the coart should not Ignore the attitude of the public service commission of Indiana, which called for a readjustment of street railway securities. and which approved the merger. This part of the opinion is of particular interest as bearing on the powers of the commission, though it does not definitely construe them. It is as fol-

lows:

"When it further appears, as it does, that the public service commission as a tribunal constituted by the state of Indiana to exercise some direction, supervision, or control, over the situation, such as is disclosed by the bill, not only prompted action, nut approved the view and steps taken by a majority of shareholders, such facts not only should not be ignored by the court, but should be accorded a considerable degree of persuasiveness in supporting the action of the shareholders; and it goes far in 'negation of suggestions of oppression or unconscionable conduct. In any event, It imposes upon the court greater caution, lest It review or attempt to revise not merely the judgment of shareholders, but the deliberate action of a state tribunal, apparently invested with large authority respecting the Identical subject matter called to thi attention of the court. "The supplemental bill, filed because of the entrance of the consolidated company to this litigation. sets forth the proceedings before the public service commission for the approval of the merger, and, verbatim, the order entered by that body. The latter contains certain conditions or provisos, as well a* general directions to be observed by the consolidated company. Numerous allegations charge that the stockholders of the constituent companies never approved or had opportunity to approve or disprove the several conditions annexed by the commission. There is no charge that the latter was not in full possession of all of the facts pertinent to its disposition of the proceedings to the extent that it had power to entertain and dispose of them, or that it did not have general jurisdiction in Xhe premises. Power of Commission. "And so it seems to be conceded that if the companies were authorized under the law to consolidate, the commission was empowered and perhaps under duty to give an absolute or a qualified approval, as it saw fit. If this be true, then mere complaint over the failure of the shareholders to pass upon the conditions annexed by the commission ought not to furnish a substantial basis for equitable Intervention, Like the complaint directed against amend ment of the merger plan at the stockholders' meeting, it at once suggests a query respecting the character or the amendments, or, on the present phase of the case, the reservations, provisos or conditions annexed to the commission's approval. It may be assumed that, if any of the provisos are clearly beyond the power of the commission to impose, approval or disapproval by the shareholders was quite necessary. But with respect to others an equitable remedy should certainly nqt be invoked regard less, first, of the intrinsic character of the provisos or conditions, and, secondly, the probabilities of favorable or unfavorable action by the shareholders had their view been or were they now requested. The bill certainly should not be entertained for the purpose of testing out the merits of conditions or reservations pertaining to future exercise of power by the commission over the traction system committed to the consolidated company. It either has or will have, or does not have or will not have, such power, and the test of its possession or right to exercise it may be made at the proper time and at the instance of the consolidated company or its shareholders. Other Considerations. “It is equally true that other specific conditions, directions or reservations can not be made pertinent to the propriety of the merger agreement, because they are essentially mere assertions by the commission of its power generally over utilities, and therefore over any consolidation which might be effected, a reassertion of provisos contained in the merger agreement itself, or assertion of implications raised by the law In every consolidation. The condition respecting sinking fund payments and reissuance of bonds, the maintenance and depreciation fund, the assumption of franchise obligations by the consolidated company, the right to settle controversies between such company and the municipality have one or the other of these characteristics. In any aspect*of the matter, it is of no small consequence that some of the restrictions upon and directions to the consolidated company are such as th% commission, in view of Its right and its solicitude for the public interest, might well, sooner or later, place upon the constituent companies, whether operating under the lease or as separate traction entities. "Therefore, even if inquiry is made of the merits of these various conditions, directions or provisos, it can not but be purely collateral, and attended always with the consciousness that, regardless of the wishes of the shareholders of the constituent companies, the consolidated company may at all times seek a remedy, either before the commission or elsewhere, against attempted enforcement of conditions, dr provisos asserted to be either illegal or unconscionable. But, broadly, the subject matter of the supplemental bill must be treated as quite collateral, unless and until there is a showing of facts upon which to base at least a fair inference that the conditions ar© presently unconscionable or oppressive, that had attention been called to them, or had they been annexed as a part of the merger plan at the shareholders' meeting, the plan would have failed of adoption. Validity of Bills Questioned. "Now, clearly, with respect to many of these reservations and provisos, within the commission's power to make at any and all time, the wishes of the shareholders would in no event be consulted, and assuming that any of them touch substantive matters of the merger agreement, which might have been subject of consideration at shareholders’ meetings, the shareholder. In equity, should make a strong case on the merits of such provisos before their annexation by the commission can frustrate the adoption of the plan as a whole. "What has just been said, carried with it the query whether the bills before us are not fatally infirm in view of what they disclose respecting the relation of the public service commission to the subject matter. It may be granted that the modem policy of vesting in tribunals comprehensive jurisdiction over utilities in their varied public relations and activities, has neitner cut down nor impaired the general jurisdictkm ot courts of equity oves corpora-

ls seriously impaired In effective ex ercise. This question, however, is not essential to further consideration, though the importance of the interests involved and the consequences resulting from equitable interference to undo the will of the majority and the public tribunal, suggest It as one of some

gravity.”

DIRECTORS IN SESSION.

Expected to Ratify Purchase of Col-

lege Avenue Tareks of U. T. The board of directors of the new In-

dianapolis Street Railway Company met this afternoon and was expected to rati-

IMYCIISAIIE TO HEAR PRESIDENT

remain in Washington, was of Representative Strong (Rep.), i who, in an address in support measure, said domestic and lute al conditions were such that sence of the President "wot fraught with very grave danger.’ 1

COLUMBUS ARRANGEMENTS.

First Address on Trip to Be Delivered There About Noon. COLUMBUS, O., August 29.-President Wilson's first speech in support of the league of nations will be delivered here about noon, next Thursday, It was announced at the Governor’s office today, after a telephone conversation with Sec- i retary Tumulty. The President and his party will arrive about 11 a, m. and depart at l p. m. The President will speak In Memorial halt All arrangements for the meeting were turned over to the local Chamber of Commerce today, after a meeting of chamber officials, officials of the League to Enforce Peace and other prominent citizens at the Governor’s office. ~

WRIST WATCHES TAKEN.

Longshoreman Charged With Their

Theft From Uncle Sam.

NEW YORK. August 29.-Charged with the theft of 2,900 wrist watches from the army supply- base In Brooklyn.

Continued from Paae One. George Heather, a longshoreman, was

, arrested today. The watches, valued at

posed to tie young Americans "to the j 1*9-000, were sold to an auctioneer,

cannon’s wheel. * — •

Representatives Welly. Ohio, and Fountain Pen Rulinu Blanton. Texas. Democrats, replied to! rounwm ren KUling. Representative Murphy, declaring that Fountain pens can not be shipped Into Representative Kahn. Republican. Cal- Japan by registered maH for the reason ifornia. was the champion of conserip- i they are subject to duty and, therefore, tion. They defended the league of na- i must be sent by parcel poet according tions as an instrument of peace. j to instructions received today at the The Republicans applauded Represen- postofflee from the postofflee departtative Murphy while the Democrats ment. Official notice was given also of jeered and the process was reversed ; the fact that the parcel post weight when the Democrats spoke. — limit for Colombia has been placed at A second resolution, by which the twenty-two pounds and the size limit

house alone would ask the President to 1 at 3H feet by 6 feet.

Ijgf

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fvVyf?

All Gain No Loss V''' : '' ' y* 1 a ... .■ v-v/’ . ' ?:• 'V' There’s nothing lost in the change from coffee to

INSTAN

t-M- |l

■ ■ •«

POSTUM but a decided gain in both health and purse. No raise in price— No cut in quantity

or quality

Mede by

Po»tum Cereal Company, Battle Creek.Michigan.

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We Invite You to Visit Us At the Indiana State Fair The most complete line of Electric and Power Washing Machines of national reputation will be found at our exhibit. See the Famous “Coffield” Oscillating Copper Tub Electric Washer With its figure 8 agitation of the water—the large 12-inch swinging reversible wringer, and General Electric motor. The “Gain-a-Day”, King of AD Cylinder Type Electric Washers Equipped with zinc metal cylinder—swinging, reversible wringer and Weutinghouse one-quarter H. P. motor The “Easy” Vacuum Suction Electric Washer Swinging reversible wringer and General Electric motor. ' Tested and approved by the Good Housekeeping Institute and honored with the highest award at the Panama Pacific International Exposition. PRICES WERE TO BE ADVANCED SEPT. 1ST. but by special arrangements we can take orders during fair week at the old price. Thus the date for the advance of price will be Monday, September 8th. Better get your order in now—or book up for a demonstration. This will hold the matter open a few days for your consideration. Another Chance to Own the Ohio Tuec Cleaner Our custom has been to always offer the public something special on the “OHIO” cleaner during fair week. This nationally popular cleaner is so well known and used by so many Indiana housewives, that they have learned to look forward to State Fair week as a time to see the latest improvements in vacuum cleaners, which they always find in the “OHIO TUEC,” as it has been the leader for years. SAVE $2.50—SEPTEMBER 1st to 6th On al! orders taken at our salesroom or at the exhibit on the fair grounds during the entire f|ir week we are going to allow a full credit of |2.50. Remember this special offer is for one week only and will positively close Saturday, September 6th. Free demonstration in your home.

Main 3012

EUREKA SALES COMPANY 145 NORTH DELAWARE STREET

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