Hammond Times, Volume 2, Number 77, Hammond, Lake County, 17 September 1907 — Page 8

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THE LAKE COUNTY TIMES Tuesday, Sept." 17, 1907J

STANDARD ATTORNEYS IB! TODODGE FINE Plea Will be Based on the Expected Immunity for the Alton.

Say They Would Have Questioned Witnesses Otherwise, Had the Agreement Been Known. The $29,240,000 fine imposed on the Standard Oil company by Judge K. M. Land is in the federal court recently Will be wiped out of existence on a technicality If the schemes of the Standard Oil lawyers, which became" known yesterday, are carried to fruition. The line of action which may result In the big fine becoming nothing but a name revolves around the decision of Judge Landis in the Alton immuit cafe, which is set for hearing on Sept 24. In the event that the Alton is granted the Immunity which, it has been fully established, was promiKed to the railroad 'through agreement with former Attorney General Moody, the Standard " Oil attorneys will demand that Judge Iandis' line be set a.side. The grounds for this plea will be that the Standard Oil lawyers should have been apprised of this immunity agreement in order that they might question the Alton railroad witnesses properly. A r jt lie Tlmt Procedure W'uh Illegal. The Standard Oil will contend that they should have been allowed to ask these railroad clerks who gave such full evidence in regard to rates and shipments and tariffs whether their testimony had been injluenced in any way by the knowledge that the road which employed them would not suffer prosecution. The lawyers claim that the procedure in the case was illegal and that it furnish.es sufficient grounds for setting aside the line. Then it will bo up to Judge Landis again, but it is asserted by those who liave studied his attitude all through the case that it is improbable he would reverse the fine he himself imposed, though the judge, his friends say, is not pleased with the. Alton's prospects of Immunity. Knew otliluif of Immunity. It was Judge Landis who called the grand jury to Indict the Alton on the same evidence that had been used in the Indictment against the oil corporation that of rebates. He know nothing of the immunity agreement. That situation was presented to him in a letter from Attorney General Bonaparte and he gave a. recess to the Jury 'i 1

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and put the case over until Sept. 24, when the jury will return to Chicago. The fact that Judge Landis did not feel right over the Alton's status 13 sail to form the basis of the hopes of the Standard Oil lawyers that he may grant their motion. It was the testimony of Chief Clerk Holland of the freight department of the Alton in Chicago and that of Clerk Howard in the auditing department that form the main feature of the complaint of the Standard Oil attorneys. It is this material testimony, they say, which they should have been allowed to puncture with questions along the line of what Inlluence was exerted over the witnesses by the immunity agreement. It was largely upon the testimony of these two clerks that the chain of rebate evidence was built up by the government.

AWARDED JpiAGES Canadian Iron Co. Gets $15,000,000 Judgment From Coal Combine. Halifax, X. S.V'., Sept. 1C. Justice LonKley of the Supreme court of Xoa a Scotia tonight awarded the Dominion Iron and Steel company judgment against the Dominion Coal company for $15,000,000 as damages for breach of contract in not supplying coal suitable for metallurgical purposes. Justice Long ley, in concluding a lengthy judgment, says: "I think, as a matter of law, that the contract on its face is a contract to supply coal to the steel company for the purpose of operating an iren and steel plant. I do not have to make the necessary and inevitable deduction that coal to operate an iron and steel plant must be coal with which such a plant can be operated, for the object and purpose of the coal contracted fur is expressly stated in the contract. Coal With Stone In It. "Between Nov. 1 and 9 the coal company furnished largo quantities of coal not reasonably free from stone and shale, and incapable of operating an iron and steel plant, and, while they were mining plenty of coal lit for such purposes, they failed to furnish a sufficient quantity of such coal to meet the requirements of the contract. 'The coal company thereby committed a breach of the contract and is responsible to the steel company for all the loss and damages which resulted from this breach. Contract Still Holds. "I think the contract is still In operation and in my judgment the best, indeed, the only true remedy in tills case is the issuing of a decree requiring the coal company to perform the terms of the agreement. I am not unaware of the difficulties such a course might possibly Involve; but I think the court has ample power to enforce such a decree, by the appointment of a receiveif any attempt was made to evade performance." The defendant company probably will appeal to the full bench of the Supreme court of Nova Scotia, which meets on Nov 10.

1HE FIRST NATIONAL BANK will open the doors to its new

ber Jo, and on the Saturday following the rooms will be open for cordiallv invited to call. We believe we will be able to show vou

beauty have been successfully combined. We invite your especial attention to our Public Lobby. This feature it is said by many is good enough for any bank. THE CUSTOMERS' ROOM This room is large, well lighted and is for the exclusive use of our customers THE SADIES' ROOMS Ladies, we have' provided rooms for you, a place to meet your friends, to wait for the street car or train, or to write a letter. This room is yours to use exclusively and without regard to whether you are a patron of the bank or not. Open for inspection from 9 a. m. to 9 p. m., Saturday. Everyone cordially invited. A. M. TURNER, President.

JUDGE GABY PREDICTS BETTER JiES AHEAD Sponsor of Steel Town Says Slow Down Has Helped Business.

HOW ft GOOD TIME TO INVEST Not in Ten Years Have Opportunities Been So Many, He Asserts. New York, Sept. 17. Despite the fact that both the preferred and common shares of tl; United States Steel corporation made new low records for the year yesterday, ex-Judge Gary, chairman of the board of directors of that company, expressed optimistic views regarding the outlook. Mr. Gary said: "I have always hesitated to make public any estimate for the future, ex cept so far as inferences of future busi ness may be drawn from statements of present conditions. "Before leaving for Europe in July I expressed the opinion that the orders for the last half of the year would not be equal to those of 1'J06. It looked then, as I stated, that the falling off In new business would be not less than 20 per cent. The figures show 25 per cent, and the decline was caused largely by the railroads. "Until the committee of railway officers and steel experts make their report on what rate should be adopted as a standard best to meet the requirements of heavy traffic and modern locomotives, no orders for rails will be placed. That report will be made in the near future. IVatiou Forced to Slow Down. "To me the general situation is this: The country was in need of between $300,000,000 and $1,000,000,000 additional capital and could not get It. The next best thing happened, a slowing down. If the favorable weather continues for the next two or three weeks we will get $7,000,000,000 for our crops. That will keep the railroads busy, and to keep ahead the railroads must order new cars and rails. A general quickening of business will follow. "Doubts have existed in the minds of the investing public as to the outlook. But without qualifications I predict that In the near future the Investing public will realize that not In the last ten years has such a chance been offered to pick up good securities. "When that time comes, and it surely .will, standard dividend shares will not only be taken out of the market, but a situation will be created that will enable companies to raise funds

for renewals, improvements and extensions by putting out securities. "We are always discounting the future and know factors are discounted earlier from year to year. In my opinion the forthcoming presidential election has been discounted earlier than usual, and it has been reflected in the securities market. Manufacturer In Accord. "One decidedly favorable feature of the steel and iron trade Is that the manufacturers are in perfect accord. Steel people, as a rule, are always ready to get together and discuss newconditions as they arise. That act has a tendency to keep the trade stable, and it has done more than anything else to prevent a recurrence of accidents that have been disastrous In the past. "Just now I can do no more than repeat what I said two months ago. The great and increasing wealth of the country, the annual accumulation of values and the increasing population are certain in the long run to bring success to the optimist if in the meantime he will deal within the limits of his resources, keep his head, then act fairly and decently toward his competitors, his employes and the public."

TRIES FORJW TIME Deutschland Now Speeding Across Ocean in Attempt to Break Record. Unheralded and with not even a wireless dispatch to show Its position on the ocean the Hamburg-American flyer, Deutschland, is on its way to this port, trying for a new record westward across the Atlantic. While it is not admitted by the HamburgAmerican officials that the Deutschland is out for a record, those who know say that the big German boat will be pushed harder this trip than at any time since it was launched. Great care was taken by the engineering force before the ship left Hamburg to see that every part of the machinery was in perfect . condition, and the coaling of the record holder was watched by expert eyes. The performance of the Lusitania Is considered to be the cause of the Deutschland's reentry into the contest for records. The Deutschland passed the Mole, outside of Cherbourg, at 7:10 p. m. last Friday, the day the Lusitana reached this port. The ship has been at sea more than three days, but no wireless reports have been received from it. In order to equal the time made by the Lusitania the Deutsehhind must be abeam of Sandy Hook lightship at 2:57 a. m. Thursday. To come within its own best time It must make the lightship by 2:01 the same morning. The Deutschland has maintained a better average speed than the Cunarder, and its best day's run Is 601 knots. IP THE MATTER PUZZLES YOU, LET A WANT AD'lIEI.l YOU.

NEW ENCYCLICAL IS ISSUED W POPE Is One of the Most Important Enunciations From Rome in Years. HINTS AT A BIG UNIVERSITY

Bcoks and Newspapers Under Eye of j Pa,ual Censors Duty Falls on Bishops.Rome, Sept. 16. The Observatore Romano, the newspaper mouthpiece of the Vatican, tonight published the full text of the pope's encyclical. It occupies more than seventeen columns. The encyclical is the most Important papal enunciation from the Vatican of a century. It affects the entire world. The clause enjoining the establish ment of college censors in each diocese for the revision of the Catholic literaryoutput is especially discussed, the words of his holiness in connection with this subject are impressive. No books or newspapers of modernist tendency may be left in the hands of any pupil in the universities or sem inaries. He adds: "Everything must be done to banish from your diocese every pernicious book. The bishops are to be above all human fear, to trample all fleshly imprudence under foot, and, -heedless of the outcry of the wicked, are to re member our proscription and to pro scribe and tear out of the hands of the faithful all bad books and all bad writings. This is not only a right conferred on them but a duty we impose on them." Errors of the Church. The encyclical goes at great length into the philosophical and theological aspect of the modernist errors of the church, which are unequivocally condemned as thoroughly anti-Romanist and entirely against the onenesss and everlasting unchangeableness of the truth of the church. The pontiff says In part: "In Rome the movement of modernist errors is agnostic and immanent agnostic In that it limits to simple phenomena the knowledge of men and refuses to grant to human reason ine power to raise itself to God, and immanent because it explains faith In God as proceeding from the vital want of the human mind. Modernism Is not so much a special error as an amalgama tion of all the heresies. Locally its double principle of agnosticism and immanentism abolishes the distinction between man and God. . Pantheism is Its normal result." The encyclical holds that the pride.

home for business, Wednesday morning, Septem

inspection from 9 a m. to 9 p m.f when you a modern Banking House where convenience

curiosity, and Ignorance of scholastic philosophy are the cause of modernism. Hints at Ills University. In conclusion, the pontiff says he foresees that the adversaries of the church will take advantage of his encyclical to represent him as the enemy of science, progress, and humanity. To that accusation he replies by acts. He has decided to support by every means lr. his power the "foundation of an institution which shall group the most illustrious representatives of science among th-Catholics, and which shall

have for its object, with Catholic truth for light and guide, the progress of all that can be designated under the name of science and erudition." There is much speculation as to whether the encyclical is aimed at one country more than another Some reKa rd it as specially directed against France, while others hold tlmt tbe United States is aimed at, but it may be doubted whether the pope was influenced by any national considerations. Strikes Hard at Italy. Modernism has great vitality in Italy itself, where many learned priests have been removed from professorial chairs in recent years for favoring it, although without any apparent effect in suppressing it. The Giornale D'ltalia, a conservative j journal, declares the encyclical shows that the Vatican Is incapable of keeping in harmony with modern civil society, while the Italia says: "The encyclical strikes the characteristic note of the pontificate of Pius X. and his re forms. It is reconstruction of the Roman inquisition." ERIE CANAL REOPENED Repairs. Completed on Acqueduct Which Has Delayed Navigation. Buffalo, Sept. 17. The Krie canal was opened to navigation today after having been closed since July 30, when the aqueduct gave way at Syracuse. Twenty-six miles of boats were waiting east and west of Syracuse. Never in its history has the canal been closed for so long a time during the season and the losses to boat owners, shippers, and dealers along the water way will run into the millions of dollars. The rivers and harbors committee of the house of representatives arrived at Ruffalo yesterday morning from an Inspection of the St. Lawrence river and Lake Ontario. After spending the day in sightseeing and entertainment the committee left last night on the steamship Juniata for the upper lakes under the guidance of Secretary Marr of the Lake Carriers' association. Edward II. Butler of Buffalo has ben appointed a member of the national rivers and harbors congress to succeed Harvey D. Goulder. resigned.

WILL GO AFTER THE DEUHQUEIITS HARD State Board of Tax Commissioners is After Back Taxes.

FINDS IT HAS THE AUTHORITY County Treasurers Will Be Notified of State's Intention to Force Payment on Arrears. Indianapolis, Sept. 17. Special Tha State Hoard of Commissioners, having gotten the habit of doing things, now proposes to take a hand in seeing to H that the local delinquencies of taxes in the several counties are paid. To mat end the board is having prepared a letter to bo sent to the s.veral county treasurers, notifying them of their interest in the subject of these delinquent taxes. Never has the State Board of Tax Commissioners taken any part in tho collection of delinquent taxes before. It was not thought that this board had any rilit to enforce these collections. but an investigation by two of tho commissioners. Park Martin and John McCardle showed that they had tho right to do so. And to make their case stronger, Attorney General James Bingham delivered to them an opinion to the effect that under a section of the general taxing law that was cited to him, not only did the tax board have the right to burrow into these local taxation problems, but that was th positive and direct duty of the board. Have the Authority. Section S53S of Turns R. S., 1901 states that one of the duties of tins state board is "to fee that all taxes duo the state are collected." Upon this clause do the commissioners depend for their right to help with these collections. This is the clause that the At torney General construed. The first letter to be sent to tho county treasurers will notify them of the intention of the board to Interest itself in these matters. This letter will also ask for a statement showing tho total amount of delinquencies now due. Itemized statements will not be asked for, but totals must be given. "There is every reason that theso delinquent taxes should be raid," said Commissioner McCarde today. "In every community you will find a tax payer or two or more who will not pay their back taxes. For some reason or another the local taxing officers will not go after them. This we propose to do,- now that we have found that wa have the authority." Tuesday. are and