Richmond Palladium (Daily), Volume 33, Number 158, 22 July 1908 — Page 1

RICHMOND PAIXABJXJM u AND SUN-TELEGRAM. YOL. XXXIII. NO. 158. RICII3IOXD, IND., WEDNESDAY EVENING, JULY 22, 1908. SINGLE COPY, 2 CENTS. COURT RULES POUNDING ON HEEF INCREASE 111 'PHONE RATES NOT LIKELY STAGE IS HELD UP AID WITNESSES TO LEAVE CITY IN A BAD COLUSIOK INDIANA SUPPLY OF GAS INCREASES German Steam Going to Piec Highwaymen Secure Immense Sum of $29,000 in Nevada. President Roosevelt's Yacht, es on Coast Near San Miguel, California. The Mayflower, Runs At Least It Will Be Some Time Alleged This Action Was Tak UOWn benooner. Siirnrisinn Pressure Fnnnrt OIL OCTOPUS Before Home Company Can Do This. en by Lewis Parker Who Violated the Law. According to Reports to TUGS OFF TO THE RESCUE. POSSES NOW ON THE TRAIL. THE CREW IS RESCUED. state Geolonist.

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FOR

GIGANTIC

Decision of Judge K. M. Landis Fining Standard Oil $29,000,000 Reversed by Higher Court.

JUDGE HIMSELF ARRAIGNED BY COURT OF APPEALS. !ln Decision Prepared and Read by Judge Grosscup, Procedure of Landis Is Bitterly Censured. (CROWDS HEAR DECISION. COURT ROOM JAMMED TO THE DOORS AND CROWD SEEMED INTENSELY INTERESTED IN DRAMATIC READING OF DECISION. A NEW TRIAL WAS ORDERED 'Government's Attorneys Decide to Take Immediate Steps Toward Rehearing During Late Months of This Year. Chicago, 111., July 22. The United Etates circuit court of appeals reverseed the decision of Judge Landis In which he' fined the Standard Oil com pany more than $29,000,000. The case '.was remanded to the lower court for a new trial. In the decision of the court, which Is composed of Judges Grosscup, Baker and Seaman, there was a scathing ar raignment of Judge Landis, asking if the court believed himself above the 'law In Imposing the fine on an Indi ana corporation so big that the burden of it would fall on the New Jer sey corporation of the Standard Oil : company. ' The decision was written by Gross'cup and read by him in open court before a throng of people. The decision says that the Standard Oil company of Indiana alone could be held responsi ble for whatever violations of the law that took place. The court immediatefly adjourned, and the new trial will be j rushed. Not Friendly to Landis. ; It seemed the irony of fate that Grosscup should have written the de cision of the upper court. He not only wrote it but read the decision to the 'waiting throng in the court room. Groscup and Landis have not been the best of friends for some time as the result of certain statements made months ago by Landis concerning the federal judges who talk publicly on matters which might come under their judicial attention. When the judges took their seats on the bench in the court room wass to the doors. John S. Miller, Rockefeller's famous $50,000 lawyer was present to represent the Oil trust. He was accompanied by Attorney Moritz Rosenthal and several other standard oil lawyers. District Attorney Edwin W. Sims appeared for the govern tnent. i Last' Paragraph Interesting. The principal interest in the hearing was taken in the reading of the last .paragraph which is as follows: . "The Judgement of the district court is reversed and remained with in structions to grant a new trial and 'proceed therein, in accordance with this decision." The adjournment followed at once .and immediately District Attorney Simms held a conference with Assistant Attorney James Wilkins and decided to rush the case to a new trial to be held in the fall. i Not only did the upper court find lault with Judge Landis' method of fining the trust, but it criticised him for his manner of deciding the num ber of counts left In the indictment upon which the trial could be had The government contended that each .count was an offense. The upper court Held differently on that Landis Arraigned. . The arrafgnment of Landis begins Svith the taking up of that matter Here is what the court said: "The number of offenses of the present case should nave been ascertained in accordance with these principles, (the transaction of granting rebate as a transaction must be entirely consu mated before it is an offense) the measure adopted by the district court was wholly arbitary and the method f deciding the number of offenses seems to have been given no thought either by the government of the trial court The court then goes into the find ng or the trust by Judge Landis. In this came the words which are taken ps a direct criticism of one of the most Remarkable decisions ever rendered Jy a district Judge. "This brings us, then to the last

San Francisco, July 22. Tugs have

been sent to rescue fi possible, about twenty passengers on board the German steamer Anubis wrecked off the coast near San Miguel. Details are lacking, but it is known that the steamer is pounding on the reef and the wreckage is floating ashore on the crest of a terrific sea. DOUGLAS MAY BE (T Thought He Is Favorably Con sidered as Pilot of Bryan's Candidacy. BRYAN "CANS" SPEECHES. DELIVERS TWO FOR CORPORATIONS, FOR WHICH HE GETS $1,000 AND TURNS IT OVER TO DEMOCRATIC COMMITTEES. Lincoln, Neb., July 22. It now seems certain the new chairman of the democratic committee will be former Governor William L. Douglas, of Massachusetts. The fact that he is being much sought after to take the place became known following the departure of G. F. Williams, who conferred with Mr. Bryan, after coming direct irom Massachusetts. It was not generally known here that Mr Wiliams had returned from the Den ver convention. It is presumed that he conferred with Governor Douglas about the matter at the request of Mr Bryan while in the East. The appointment of Governor Dous: las as national chairman, it is stated would meet the requirements which it is desired the national chairman shall possess. He is a man of large means and political experience, is non ular with the laboring classes and his attitude on the tariff question com pletely meets the democratic idea. When asked tonight for a confirma tion of the report, Mr. Bryan said he could not discuss the matter until af ter the meeting of the sub-committee of the national committee in Chicago Saturday next Mr. Bryan has been delivering: short speeches on the issues of the cam paign into a phonograph. Previously he has made similar speeches on the records of a competing concern. The intention is to give the speeches wide distribution throughout the country Of his own volition Mr. Bryan an nounced that he had received $500 from each of the two concerns as com pensation for his woric. When confronted with the sueKes tion by the newspaper men that he accepted money from corporations and tnereDy had acted contrary to the declared policy of the democratic Dartv. Mr. Bryan stated that the whole prop osition was a commercial one and that he very properly could accept Dav for his labors. The remittances were not retained by him, but he turned them over to the state and county democratic committees respectively as a personal contribution. question," the decision reads, "Did the court in the fine Imposed abuse Its discretion?" It was briefly stated that the reason of the trial court for imposing this sentence was because, 'Rafter convicting and before the sentence was brought out, on an examination of some of the officers and stockholders of Standard Oil company of New Jersey, that the capital stock of the Indiana corporation, the defendant before the court, was principally owned by the New Jersey corporation, a corporation not before the court, the trial court adding upon no evidence however to be found in the record and upon no information specifically referred to; that in concessions of character' for which the defendant before the court had been indicted, tried and convicted, the New Jersey corporation was not a virgin offender. "Is such a sentence as this, based on such reasoning, sound? Passing over the fact, that no word of evidence or Information supporting the trial court's comment is to be found in the record, would the comment, if duly proven, justify a sentence such as this one that otherwise would not have been imposed? Can a court, withdut abuse of judicial discretion, wipe out all the propertyt of the defendant before the court and all assets to which its creditors look, in an effort to reach and punish a party that is not before the court a party that has not been convicted, not been tried, not been indicted, even? Can an American judge without abuse of Judicial discretion, condemn anyone who has not had his day in court? "That too is a strange doctrine in Anglo-Saxon jurisprudence. No parliament no tribunal of Western Europe, for centuries, has pretended' to

CHAIRMAN

UL (Continued on. Page Seven.)

FRANCHISE STANDS IN WAY

EVEN WITH BELL PATRONS THE HOME COMPANY CANNOT MUSTER REQUIRED NUMBER OF SUBSCRIBERS. "There Is no occasion for alarm in this matter. This agreement between the other company and ours will not be in restraint of trade but to promote it. We are going to be able to offer subscribers more substantial advant-i ages now than ever before. We want it remembered that we are always to be found on the side of the dear people." The above was the reply of Leroy Browne, assistant manager of the Richmond Home Telephone company when asked today in regard to the franchise rights of his company. At the present time the subscription list of the Home company numbers about 2,360. The franchise provides that an additional charge of 25 cents per 1,000 phones may be made on each individual phone, when the subscrip tion list is in excess of 2,000. The original franchise agreement was an additional 12 cents charge on each additional 500 phone subscribers. The figures were advanced when the revision was made. At present the annual rental of an individual residence phone is $18. It may be presumed that with 2,360 phones now In service, it will be some time before the company reaches the 3,000 mark and becomes empowered to charge 25 cents additional, monthly. It is evident that the franchise of the Home company will not enable it to advance rates for some time, even if the majority of the present users of the Central Union company's phones abandon them and accept ser vice or the Home company. It is ex pected this will be the result in many cases since the Inauguration of the new schedule by the Central Union company. It would require 640 more patrons of the Home company to enable it to increase its rates. The entire list of Central Union subscribers including those that now are using pnones absolutely free could be added to the Home company's list without reaching the 3.000 mark, it is claim ed. Mr. Browne claims the Home com pany is now giving its subscribers more than it ever did before and the extra inducements and advantages are sucn as will be appreciated. AT LAST SUCCUMBS After Hard Battle for Life, Henry Codman Potter Died Last Night. HIGH CHURCH DIGNITARY. HE WAS GREATLY INTERESTED IN AFFAIRS OF HIS CHURCH AND HUMANITY ORIGINATED FAMOUS SUBWAY TAVERN. Cooperstown, N. Y., July 22. Bishop Henry Codman Potter of the Episcopal diocese of New York, died here last night Death followed a sickness of several weeks which began with stomach trouble and developed com plications. For the past week the bishop had appeared to gain, but he suffered a relapse yesterday and last night hope of ultimate recovery was abandoned. The prelate was 74 years old. Bish op Potter has been the head of the New York diocese since 1SS7, succeed ing his uncle. Bishop Horatio Potter. Bishop Potter caused a great stir throughout the country several years ago 'when he took part at the dedication of the subway tavern on Bleecker street, New. York. It was the plan of those interested in the tavern to conduct an establishment where all in toxicants would be served under regulations which would promote temper ance and by example Improve the tone of the saloon. The bishop made an address in which he said he hoped that the tavern would prove a sue cess. After an uncertain existence the tavern failed. CLUB TOJUEET. Young Republicans Have Much Bus! ness to Transact An important meeting of the Young Men's Republican club will be held at the court house tomorrow evening at 7:30 o'clock. It Is urged that as many as possible he present Considerable business of importance will come up. Reports will be made by committees. It is necessary that this organization lay the plans for the coming campaign as early In the seaaoa u pocslM -

FAMOUS

BISHOP

Reno, .Nev., June 22. Details have just been received of a holdup of the Alturas stage near Likely Tuesday morning. Two masked highwaymen stole the express strong box containing $29,000 to be used as the payrolls of construction crews on the New railroad and stock farms. Posses are on trail.

HUNDRED

MA

GO TO CUMTI Many Richmond People to At tend Taft Notification Exercises. CHAIRMAN HAAS TO GO. WILL LEAD SIXTH DISTRICTERS RICHMOND DELEGATION MAY JOIN THE INDIANA SPECIAL AT LIBERTY. Over one hundred Richmond and Wayne county people will goto Cincinnati next Tuesday when William H. Taft, the "republican presidential nom inee, will be formally notified of hs omlnation at his home there. E. M. Haas, republican district chairman has received word from the, republican headquarters at Indianap olis that a special train will leave In dianapolis next Tuesday morning at :JO o clock and will arrive in On clnnati at 9:30. The train will run over the C. H. & D. and stoDS will be made at Rushville, Connersville and Liberty. It is expected that big delegations will be picked up at these points. Indiana republicans are very anxious to make a good showing next Tuesday and it is expected that the delegation from the Hoosier state will be a large one. It is quite probable that the malor ity of Wayne county republicans who will go to Cincinnati will make arrangements to join the Indianapolis special at Liberty going from Richmond to that point over the C. C. & L. Quite a number will eo to Clncinati over the Pan Handle and meet the Indianapolis special on its arrival there. Chairman Haas expects to make the trip. TUPPER PROVEN TO BE EXPERT FORGER Requests for Him From All Ov er the Country. Columbus, Ind., July 22. Letters from police continue to pour into Sher iff Cox and Mayor Cochran's offices Inquiring for Harry E. Tupper, who is wanted at Gary, Ind. Tupper was em ployed at the steel company and is wanted for forgery. E. D. Matson wholesale merchant, of Chicago, has issued a warrant for his arrest on a charge of forgery, and he i3 also want ed at Flushing, MIch.r his home; Flint County, Michigan; Tennessee County Michigan, and Saginaw, Mich. He was released here by Sheriff Cox, who found that there was no law to hold him. He tried to cash an unindorsed check at Elizabethtown. THREE AMERICAN WINNERS TODAY Bacon Won Final in 400 Metre Hurdle Race. London, Eng., June 22. J. C. Bacon American, won the final heat in the 400 metre hurdle race in fifty-five sec onds; Hillman, American, got sec ond. Dole, American, won the catch as-catch-can In wrestling, it being the final bout ADDLEMANJCHOSEN. The Wayne county commissioners have appointed Charles Addleman, of Richmond, superintendent of construc tion of the South L street gravel road. the contract for wnicn was recently awarded to J. r. uronm. THE WEATHER PROPHET. INDIANA Fair and warmer Wednesday night and Thursday; light variable winds. OHIO Fair Wednesday Thursday; warmer varlaklo winds. night and Thursday;

FINED FOR CONTEMPT.

WITNESS YANKED INTO COURT TODAY AND PUNISHED SAID HE BELIEVED PARKER MADE IT ALL RIGHT WITH OTHERS. Did Lewis Parker, who operates the bar at the New Windsor hotel pay pay Omar Hibbs and Charles Bishop to leave the city so as to be unable to appear against , him in city court? The police and court officials believe he did, but substantial proof is lack ing. Parker was arrested for violating the liquor laws and when his case was called for trial several weeks ago Hibbs, Bishop, Carl Burk and George Bishop were appear as witnesses. The four were present, but the case was continued until the next day and George Bishop was the only one to put in his appearance. Burke remained in the city and this morning was fined $10 for contempt of court. He did not pay and went to jail. Burke informed the court that he has reason to believe Parker made it 'all right with Hibbs and Bishop." The former has joined the navy since leaving the city and the present whereabouts of Bishop are unknown to the authorities. Bishop was married on Saturday evening. The following day he was with the group which in tended to drink whisky purchased of Parker but missed the refreshment through the Intervention of the police. On Monday morning he appeared in police court and Monday night left the city. Burke says Hibbs intimated to him that Parker was providing the funds and he would guess the amount was $25. As his own excuse for not appear ing In court when told to. Burke said he knew the prosecuting witness. Hibbs, would not be there and there could be no trial. He said he was employed regularly and understood that if he missed his time at the fac tory he would be docked and he alone would be the loser. The other men were not employed at the time and it meant nothing to them to attend court as they would lose nothing. The sincerity of the explanation of Burke waa apparent and the prosecuting attorney suggested that the court be len ient, but Judge Converse saw fit to impose the fine. Burke says he will heed the injunctions of the court in the future, despite what inconvenience it may cause him. even if it does in clude loss of wages. There Is evident unfairness in the law regarding the attendance of witnesses at court. In the city court no witness fees are awarded in state cases unless a finding of guilty is re turned and the fine paid. This means b. witness may be called as often and repeatedly as may be desired. The witness must lose his time from work and receives no reimbursement except In case of convictloin, when the fee is but $1 per day. TWENTY-FIVE SHOT IN ITALIAN RIOT Reported That Many Killed. Were Independence, La., June 22. In a riot this morning between two Italian factions twenty-five people were shot. Several are reported killed. Five have been taken to the New Orleans hospital. For Orice Goodrich Anything of Chairman James P. Goodrich of the republican state central committee, came into Richmond today, evidently on a gumshoe mission because when rounded up by a reporter and driven to bay by a storm of questions, he defended himself desperately and skillfully until he found an opening, then, figuratively speaking, he bolted for cover. "How about state politics?" the reporter asked Mr. Goodrich. This was the opening of the attack. "You will have to pardon me. 1 have to do a little long distance phone talking," Mr. Goodrich anxiously replied. The reporter patiently awaited the conclusion of Mr. Goodrich's wire confab, then he opened on him again with "How about Taft? What Is Indiana going to do for him?" The state chairman turned an anguished look upon the scribe, but

quickly recovering himself, he answer-J chairman and railroad receiver. The ed, "I don'tkrowurytbiDgaJwthjarer -

Newport. July 22. While voyaging

from Oyster Bay to Newport, Presi dent Roosevelt's cruiser yacht, the Mayflower, ran down and sunk n schooner in a fog just at daylight today. The schooner's crew was rescued and sent ashore. President Roosevelt conferred with the naval war college regarding bat tleships today. ROOSEVELT WILL INSPECT SPEECH To Pass Judgment on Secretary Taft's Cincinnati Address. HE DID NOT REQUEST IT. REPUBLICAN CANDIDATE'S HIGH REGARD FOR PRESIDENT'S JUDGMENT CAUSED TAFT TO DECIDE ON ACTION. Hot Springs, Va., July 22. Presi dent Roosevelt is to review in ad vance the speech Judge Taft will de liver in Cincinnati next Tuesday. I have decided to make this speech what may be my most important utterance of the campaign. I have the iHgnest regara iw mo r.fMTCai judgment regarding the subjects to be his wonderful ability for forceful ex pression. I want his judgment and his criticism and this can not be satis factorily obtained at long range, eo I have decided to go to Oyster Bay.' This statement, made by Mr. Taft, indicates his viewpoint regarding the announcement of hla intended ..trip, which, he says, is to be taken on his own, and not the President's initiative, He will leave here with Mr. Carpenter, his secretary, tonight. On reaching Jersey City Thursday afternoon he will enter an automobile which will take him through New York City and to Sagamore Hill without delay. In emphasizing the political importance of the speech, Mr. Taft said that the first intention to have the utterances only a simple and formal acknowledgment of the notification had been finally abandoned in view of the growing importance and number of the subjects which seemed to crowd themselves forward for consideration. The speech will doubtless contain approximately 12.000 words. No forecast of the subjects discussed and the metbod of their treatment will be made in advance with the consent of Mr. Taft WILL PROSPECT FOR OIL IN WAYNE COUNTY Investigation of Boston Town ship Field to Be Made. Two men claiming to represent Pennsylvania capital were in the city today for the purpose of making an f ill. r1 tarrftnrr in wt nil in this section have nrovw - ed failures. Did Not Know Politics or Railroads

You will have to ask those fellows tor who recently landed for him the at the Indianapolis headquarters." postmastership snap. Bryson was de"Wbat do rou know about the Taft feated for county auditor at the last 'steamroller'?" was a question fired at county election and he had previously Mr. Goodrich. He gamely forced a met with nothing but cold deals politismlle. It was his only answer. See- cally. He was never able, it seemed, ing the uselessneas of asking such to strike at the chycologlcal moment questions as "Will Watson carry the Xow that he has landed, however, he state?" and "What will Barnard do In busy showing how glad he is, and the sixth district?" the reporter chang- the Taft notification trip Is all his ed his mode of attack. own. it Is simply another evidence of "What condition Is the C, CV& L. the easy manner In which Beveridge railroad In at the present time?" the Is coming Into possession of the state now very much harassed Mr. Goodrich machinery long controlled by the Fairwas asked. T cannot discuss that banks crowd. Aa predicted weeks subject There is nothing for pub- ago, the senator was shrewd enough lication at the present time," he ans- to catch his drift of the tide Taftward wered. The question asked Mr. Good- and he took a few bad-tasting doses rich was a pertinent one as he is re- from the hands of the anti-Taft crowd celver for the road. without making a face, merely hiding Before railroad affairs could be fur- his time. His time came In fact it ther probed the editor put In an ap- Is here, and while everybody Is for the pearance. He was the "opening" Mr. nominee, Beveridge Is the center piece Goodrich was looking for. Mr. Good- and will continue thus for many rich cast one appealing look In the moons. It Is well to learn the addirection of the editor, who, laughing- dress of Mr. Beveridge and use It If

ly, came to the rescue of the state

BEVERIDGE NOW IN POWER.

SENIOR SENATOR GRADUALLY RISING IN INDIANA POLITICS OVER HEAD OF FAIRBANKSOTHER STATE NEWS. Special Correspondence. Indianapolis, July 22. The state geologist's office is in constant receipt of reports from different parts of the state showing such a marked Increase ia the supply and pressure of natural gas that several towns that once used the fuel exclusively are to return to its use the coming winter. The Muncie gas field Is & striking example of this. A company is at work In this field sinking new wells with the Intention of piping the supply to Chicago. Ia every case where gas has been struck a. surprising presure has developed.' when It is considered that this field was supposed to have been exhausted some years ago and waa practically abandoned. In fact, the entire caa belt is again booming active and old wells are being tested with the hope that the pressure will chow sufficient strength to warrant turning the fuel into the pipes that have so long been idle. The state geologist believes that nature has been at work reviv ing her rich gas resources and that if economr be shown, mnnv tn-n soon return to the oM order of m As for Indianapolis the old natural m , .., f... . . . of thft New QU company, and will be used for artificial gaa, which has been guaranteed to the city at CO cents per thousand, and it is doubtful whether the natural fuel will ever again be burned In the capital city. Jury Uncertain. Again it has been proved that there is .nothing more uncertain than a-Jury, Over at Bloomlngton, Ind.. where the so-called temperance drinks are being sold without a license, an arrest waa made as a test case. It was the Intention to settle, at least in the lower courts, the question as to whether these drinks, manufactured partly from mait and put out by a brewery n Indianapolis, are liquor within the meaning of the law, requiring the selier to noid a license. About a week g0 juige Moore, at Franklin, held that the drinks in question are malt uqUOr and that they cannot be sold without license. This case Is going to the Bupreme court But at Bloomlngton a jury trla, WM aeman(led and the verdIct wa8 directlr the opposite of the p,.., fading. The Jury heM that tne temperance- concoctlons are not ud tfcat be 8old witnout lcense. 0nly one of the jurors held out for conviction of the arrested man, and he gave in after four hours. In the Bloomlngton case it was feund that the percentage of malt in the drinks objected to wai much less than in the Frankfort case, but the law seems so plain in classing any drink containing malt as an Intox icating liquor that it Is hard to under stand how the Jury reached Its conclusion. This case will also go to the high court of the state and this tribunal will have to decide whether the "temperance" drinks contain sufficient malt to class them as revenue producers within the ruling of the United States government. Beveridge Rising. Indianapolis and the state at large 6 7 Wl "l lue .Y convenr ion I nro ia a vm . a w AlKl 0VIOUIU1O iu mount the Taft band wagon, and the scramble will continue until all are abroad. The riotificatlon Is to take place next .Tuesday and at least one big special train will be run from Indianapolis for the event. Postmaster Bryson is the leader in the affair. Bryson is a Beveridge man through and through, and It was the senior senaI anything is wanted in the way of poliJ tical favors in Indiana from now. on -Jfldeflaltely.,