Richmond Palladium (Daily), Volume 37, Number 26, 5 December 1911 — Page 1

TED A T IT A ITh A x-A II i M 11. AND SUN-TELEGRAM. VOL. XXXVII. NO. 26. RICHMOND, IXDM TUESDAY EVENING, DECEMBER 5, 1911. SINGLE COPY 2 CENTS.

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BEEF BARONS ARE ORDERED TO BE TRIED

U. S. Supreme Court Refuses to Grant Stay in the Proceedings as Had Been Petitioned For. WEDNESDAY IS SET FOR HEARING CASE Alleged Violators of AntiTrust Law Will Be Placed on Trial in Chicago District Court. (National News Association) WASHINGTON, Dec. 5. The application of the Chicago Beef packers in the U. S. supreme court for a stay in the proceedings in their trial for criminal violation of the anti-trust law was denied today. The decision of the court was announced officially by Chief Justice White and was without any written opinion. As a result of the decision the trial of the packers before the district court of Chicago will be resumed tomorrow, the extension of time allowed by Judge Carpenter to permit the packers to appeal to Ihe supreme court expiring at that time. Some of the attorneys for the beef packers Were in the court room when the chief Justice announced the decision. Judge Koolsaat quashed bis temporary writ of habeas corpus on November 18, on the ground that a circuit judge had do right to issue such an Instrument unless the proceedings were "extraordinary," and the case was conducted to go on trial the following Monday, before Judge George A. Carpenter, of the Unit4 States District Court of Chicago. On November 21, however, Judge Carpenter granted a stay of . trial on application of, the Packers' counsel setting forth a desire to seek a stay of trial from the Supreme courts , Supreme court was not tn session at the time and. Chief Justice White refused to grant such an Instrument on his own Initiative, holding that the matter must be taken under advisement by the court as a whole. On November 25 Judge Carpenter set the trial for December 6. and the Barons laid plans to take the matter before the Supreme Court soon after that body convened. The prosecution of the beef trust officials Is the most extensive ever attempted under the criminal provision of the Sherman anti-trust law. They are charged with forming a combination In restraint of trade, which, it is alleged, controls absolutely the price of fresh meat in the United States. If convicted the packers are liable to a fne of $5,000, or, imprisonment for one year, or both. There Are Five Counts. There are live counts in the indictments charging the packers with having entered Into a conspiracy to control the fresh meat prices of the country and two in each of the other indictments, vis: one charging the formation of the National Packing Company as a means of controlling the fresh meat prices and the other seeking to monopolise the fresh meat business contrary o the Sherman AntiTrust Law. . The wealth of the indicted Beef Barons approaches the thousand million mark and they have engaged some of the most brilliant lawyers in the (Continued on Page Ten.) Dec. 5 Only 16 More Shopping Days Before Xmas. Shop Early and In the Morning. Palladium circulation for the week ending Dec 2, 7305

How The Italian Do Scouting

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The newest form of reconnaissanoj at Tripoli. A cavalryman picking up a dispatch just dropped by the airman that lie may ride to headauarter with it. From a sketch from the London Illustrated News, When the aeroplane takes flight for a scouting expedition, acavalryman escorts it as far as he can with reasonable safety. It is his business to act as dispatch-rider between the airman and headquarters. The aviator, having scribbled his notes, makes a rough package of them, and drops them as nearly as possible at the cavalryman's feet. Then they are picked up and carried to their destination, while a second horseman takes the place of the first. Thus a series of messengers serve the airman, who is kept in close touch with his commanding officer. It may here be noted that the airman acting as bomb-dropper fills each bomb as he wants it while he is in flight, holding the case between his knees and the schew-cap between his teeth, and pouring the ingredients in as best he can. He does not start his flight with bombs loaded, lest, by mischance, he should fall to the ground, thus cause the bombs to explode, and so be hoist with his own petard. Each bomb is about the size of an orange, and is of steel.

DUTY OF SURGEON RELATED' TO JURY Interesting Instructions by Court in the King Damage Case. Definition of the duties imposed upon physicians and surgeons, as these duties are recognized in the eyes of the law, is made by Judge H. C. Fox of the circuit court in his instructions to the jury, deliberating on the malpractice case of Leota King against Dr. Frank Harold, who demands $2ji)00 damages for alleged unskillful treatment of a double fracture of her little finger on the left hand. The jury received the case Tuesday afternoon after four days of testimony and argument. Tersely the court ruled that when a physician or surgeon held himself out to the public as such he must possess the ordinary qualifications and skill, usually and ordinarily possessed by physicians and surgeons practicing in the same neighborhood. He does not have to be rarely .endowed with skill, but must in accepting cases, exercise reasonable care and his best judgment. He is liable for an injury only when he does not exercise ordinary care and his best judgment, as these qualifications in a prficticioner are recognized in the community in which he practices. Mrs. King was injured in March 1909. She said that Dr. Harold reduced the double fracture by binding it in adhesive tape without inserting splits. The physician alleged he did use cardboard splints, winding the tape about these. Physicians and surgeons were called upon the stand to testify in the capacity of experts as medicine and surgery is practiced in this city. They approved of the method which Dr. Harold said he employed In reducing and treating the fracture. THE WEATHER STATE AND LOCAL Fair and wirmcr tonight; Wednesday fair.

MAYOR IN FAVOR OF

TRACITELEVATIOII Says Railroad Crossings Are Too Dangerous To Advise with Neff. Deploring the conditions of the rail road crossings in this city regarding the matter of safe-guarding the public from accidents. Mayor Zimmerman at the meeting of the board of public works Monday made a motion to the effect that in any future conference between the board and the officials of the Pennsylvania railroad company, that the board insist upon the tracks of the company being elevated so as to permit undergrade crossings. Mayor Zimmerman declared that the crossings were entirely too dangerous under the present arrangement for guarding them. It is estimated it would require an enormous sum to raise' the tracks of the company, and there is a great deal of doubt among city officials as to whether the railroad company would ever consider the advisability of elevating the tracks. At a previous meeting of the board of public works the mayor made a motion to the effect that both railroad companies be forced to maintain electric are lights at every railroad crossing, and to station watchmen at the crossings, both day and night. Nettleton Neff, superintendent of the Richmond division of the road, has requested the board to do nothing further with this matter until he can confer with the board. The -board desires to widen West Main street from Fifth street to the corporation . line and - instructed the civil engineer to prepare plans and specifications for this. D. H. KUTH RESIGNS D. H. Kuth, advertising manager of the Morning News since its establishment in 1908, has retired from the newspaper field to accept a position with the Nicholson Printing and Mfg. Company as proof-reader. Mr. Kuth has been connected with the newspapers of this city for the past twentyfive years but announces his permanent retirement. V

Ad INVESTIGATING COMMITTEE NAMED FOR THE HOSPITAL

Mayor Zimmerman Last Evening Appointed Three Citizens and Three Councilmen to Do the Work. ACTED ON REQUEST MADE BY TRUSTEES Councilman Waidele Temporarily Relieved of His Official Duties Because of His Poor Health. In accordance to the request of the board of trustees of the Reid Memorial hospital Mayor Zimmerman at council meeting last evening appointed a committee composed of Alfred Bavis, chairman, Councilmen Kauffman, Burdsall and Williams, and Edward Harris and Edward Warfel to investigate conditions at the institution. The committee was urged to make a thorough investigation of the books and the .management of the hospital. IThe request for the investigation was made in a letter from John H. Johnson, secretary of the board of trustees, following the report submitted to council at a previous meeting by Councilman Frank L. Waidele, of the Seventh ward, in which he al leged the institution could be better managed and placed upon a paying basis. Scope of The Probe. The main points upon which the committee will work are those brought out in the report, which charged mis management. The report alleges that for the care of railroad patients only $1.50 per day per patient is charged, while for other patients $1.90 per day is charged. It further alleged that money being expended for the comfort of nurses at the hospital should be devoted rto the treatment and care of the patients. The report claims that more nurses are employed at the Reid hospital than at other hospitals, comparatively speaking. The committee will also investigate the statement contained in the report to the effect that if physi cians were appointed on the board of tfustaea InsUtuUoaould he managed more successfully. The trustees assure the investigating committee that nothing will be kept from it, and that everything connected with the hospital in any way will be open for inspection. Councilman Frank Waidelee, who submitted the report on the hospital, and who is now confined there owing to a nervous breakdown, caused by worry over the matter, was extended the sympathy of his colleagues in a resolution presented by Councilman Weishaupt, last evening, and unanimously adopted. ' "Mr. Waidele is a hard working and ardent councilman, and the work he had done for the citizens has brought on a serious collapse," Mr. Weishaupt said. "I move that we, as a body, extend to bim our sympathy and as a token of appreciation of his work send him a bunch of flowers and an expression of hope for his speedy recovery." Mr. Weishaupt was appointed chairman of a committee to present the resolution and flowers to Mr. Waidele. A request was made to council by Dr. F. P. Busche, Mr. Waidele's physician, to relieve him of his councilmanic duties until he is fully recovered. Dr. Busche stated in a letter to council that Mr. Waidele's physical condition will not allow him to resume his duties in council for some time. Consequently Mr. Waidele will be removed from the chairmanship of the contract and franchise committee and another member of council will be appointed. Mayor Zimmerman stated that he would not make public the name of the councilman whom he will place at the head of this committee until the next meeting night. SENTENCE TDD LIGHT Local Labor Leaders Displeased with Judgment. In no uncertain terms members of various local unions expressed themselves on Monday upon the McXamara case, declaring that union men here as well as in other parts of the country were led to believe the McXamara brothers were not guilty and they received a large amount of money and support from thousands of union men by misleading them. When the news that James B. McXamara waj given a life sentence and John B., his brother was sentenced to fifteen years in prison was heard, several union men declared that the sentences were too light. They declared that James B. McXamara, should have been hanged and that his brother should have received a life sentence. While the majority of local union men believed the McXamara brothers innocent and falsely accused, it Is said that very litUe money was given toward their defense. The various anions were not assessed the same amount, although every union was asked to contribute as much as possible toward the defense of the two men.

TRUST PROBLEM IS DEALT WITH TODAY BY THE PRESIDENT

In His Message to Congress the Chief Executive Asks Legislation to Supplement Sherman Law. TAKES ISSUE WITH ROOSEVELT'S VIEWS Denies Government Intends Confiscating the Property of Any of the Offending Corporations. The President's Message, in full, will be found on the first page of the second section of this issue. (National News Association) WASHINGTON, Dec. 5. President Taft sent a special message to congress today dealing exclusively with the trust problem. The President gave his own views on its solution, demanded legislation to supplement the Sherman anti-truBt law and took direct issue with criticism of the dissolution plan for the American Tobacco company, as expressed by ex-President Theodore Roosevelt in The Outlook. Among the recommendations made by President Taft are demands for a law specifically defining "restraint of trade and suppression of competition," a federal corporation commission and a federal incorporation act. He upholds the Sherman law and defends the results of litigation under that measure. In defending the action of the U. S. supreme court in the Standard Oil decision, in reading the .word "unreasonable" into the law, President Taft deplored the agitation for the repeal of the law which has sprung up since the Standard and American Tobacco trusts were dissolved. Cites Court Rullncs. The message, which contains between 6,000 and 7,000 words is accompanied by numerous extracts from court decisions to uphold Mr. Taft's contentions. One feature of the message is contained in a paragraph in which President Taft disavows the intention of the government of confiscating prop erty of offending corporations. The President calls attention to the fact that imprisonment is one form of punishment provided for in the anti-trust law for offenders. Mr. Taft declares that the Sherman law protects business and says that "the mere size of a corporation is no sin against the anti-trust" law. In his plea for supplemental legislation to the Sherman act, the President says that it would be a great aid to the government in bringing future anti-trust suits because the proceedings could charge a misdemeanor instead of the cumbersome method of charging a conspiracy and naming an unusually large number of defendants. Mr. Taft advocates that the bureau of corporations be a tribunal of the dignity and power of the comptroller of currency and be modelled after the interstate commerce commission. He call the anti-trust law "the expression of effort of liberty loving people to preserve equality of opportunity." "For twenty years," he said, "this statute (Sherman law) was on the statute books. All knew its general purpose and approved. Many of its violators were cynical over its assumed impotence." DEFEAT JUIMERMAII Moose Elect Smelser Lodge Physician. Members of the Moose lodge held one of the most enjoyable meetings of the year Monday evening at K. of P. temple. The evening's program included the initiation of fifty candidates, the work being done by the famous Anderson degree team, followed by a banquet. The election of officers developed an interesting race between Dr. S. G. Smelser and Dr. W. W. Zimmerman for lodge physician, which went to Dr. Smelser by a comfortable majority. The other officers elected include John Darnell, dictator; Clyde Ryan, vice dictator; J. C. Ryan, prelate; Max Ford, sergeant-at-arms; Miles E. Tribby, inner guard; W. K. Young, outer guard; Alphonse Kutter, secretary; Charles L. Ladd, treasurer; and Benj. G. Price, Nathan White and George McLear, trustees. There were about two hundred members present. Prof. F. L. Torre nee acted as toastmaster at the banquet which followed the business session, and during which several informal toasts were responded to. Geo. Garber, of Anderson, supervisor of instruction for Indiana, Ohio and Pennsylvania, responded to a toast in which he thanked the lodge for .its entertainment and expressed himself ma well pleased with lin enaditkms as found h

LIFE FOR IM MMMMt - AID

15 YEARS FOR BILLBOARDS ARE CALLED Fire Chief Opposes Placing Such Advertising on the Tops of Buildings. Attention was called by Councilman Kauffman to the building at 22 South Eighth street which is being remodeled and he said hi did not believe it would be of fireproof construction. The Are chief suited that the building is one of the poorest constructed within the fire limits but that it passes the requirements of the fire regulations. The building code, which is still pending before council, will bo taken up in the near future at a joint meeting of council and the Commercial Club and it is thought the code, if passed by council, will compel the construction of better buildings. Councilman Evans petitioned council to have the sidewalk on both sid. s of North D street, leading to the Doran bridge, roughened so that there would be little danger of any one slipping on the walks. He also recommended that a flagman be staUoned at the C. & O. railroad crossing at North Third and D streets, and to force the company to keep the crossing free from ice and snow. To Have Viaduct. Speaking on this matter the mayor said that there is little doubt but that a viaduct under the C. & O. railroad at First and South D would be constructed in the near future. The report of the city controller for the month of November was read. It follows : Cash on hand Nov. 1 $22,403.62 Receipts , 30,564.19 Total 152,967.91 Total disbursements 14,586.17 Balance in sinking fund . 11,268.54 Balance in special fund 6,080.36 Street improvement fund. . . . 11,333.81 Chautauqua fund 2,678.82 Municipal electric light and sinking fund 8,709.97 Signs and bill-boards on the top of buildings are very dangerous in the opinion of Fire Chief Ed. Miller. He said so in. council meeting last even-kng.-ThefrecWeta ordered some big signs torn down from the tops of buildings and would not issue permits for any more to be erected. He declared that they are very dangerous to pedestrians, owing to the possibility of strong winds blowing them over. This contention of the fire chief was heartily concurred in by the mayor. An Indianapolis company. Chief Miller said, had asked permission to be allowed to erect billboards and large signs on the tops of buildings in this city in the business district but had been refused. On account of this refusal the chief said the company intended to appeal to the city council. Miller asked that council support him in the stand he had taken. The chief stated further that these signs would be a hindrance to the fire department in case of fires. The subject of billboards was broached by Councilman King who declared that the newly erected sign at Tenth and Main streets was dangerous to pedestrians and that it is very unsightly. He declared that all billboards in the center of the city should be removed. However, the city attorney stated that according to the existing ordinance such billboards were permitted in any part of the city, as long as they were erected under the permission of the ire chief. Some members of council, however, did not agreee with Mr. King in regard to billboards. They stated that they hid unsightly lots from the public view and in fact were an improvement to some parts of the city. OXENDINE LOCATES LONG LOST SISTER To accompany his long lost sister back to this city, Simpson Oxendine, colored janitor on the first floor of the court house, will leave this evening for Roanoke, Va., where he will meet his sister, Mrs. Sarah Rawley, of Mt. Airy, North Carolina, from whom he was separated' in 1868, when he left home and came north. Oxendine is now 66 years old and bis sister is 57. As ripe old age approaches, it has become a passion with Oxendine to be reunited with his sisters and brothers. Each year in the past few years he has been successful in locating one or more of the members and each time has been the occasion of a happy reunion. All but one, a brother, has been located by Oxendine, and Oxendine will be sublimely happy when he is reunited with him. His only clew is that his brother left home soon after he did and went to Mississippi. KNIGHTS TEMPLAR ELECT OFFICERS Officers were elected for the ensuing year at the meeting of Richmond Commandery, No. 8, Knights Templar on Monday evening and include Harry C. Keeler, eminent commander; Arthur A. Burr, generalissimo; George It. Williams, captain general ; H. R. Marlatt. treasurer; W. E. Land, tgcording secretary and Harry Watt, trustee.

MENACE

BROTHER JOHN

Judge Bordwell on Monday Morning Sentences the. Two Self Confessed Dynamiters After the Pleas. STATE DID NOT ASK EXECUTION OF JAMESL Judge Tells Author of Times Outrage His Excuse 1 Poor One and He Is a Mur-" derer at Heart. (National News Association)1 LOS ANGELES, Dec. 5. James Br McXamara, confinement in San Quen-" tin penitentiary for the term of his natural life; John J. McNamara, fifteen years imprisonment. The above sentence from the lips of Judge Bordwell sealed the fate of the notorious McNamara brothers, confessed dynamiters of the Times build ing and the Llewellyn Iron Works of Los Angeles, and credited with complicity in nearly one hundred other dynamite outrages throughout the Un- . ited States. James B. McNamara's sentence constitutes his punishment for the con fessed explosion of the Times building where 21 lives were lost.

John J. McNamara's Imprisonment was for the confessed responsibility . for the Llewellyn explosion, commit- -ted by Ortie McManigaL In which the ' monetary loss was many thousands of' dollars. James Sentenced. James was the first to be ordered by Judge Bordwell to the stand. Asked for his full name he replied, "James , Barnabas McNamara." He said he knew no reason why sentence should not be pronounced. Then Prosecutor Fredericks arose and announced the judge could fix the penalty in two ways life imprisonment or death, adding that no bargain had been made in the case, but the plea of mercy was ' based on the fact that Jim's confes- " slon settled a question forever, upon0 which otherwise some doubts may ; have existed. Addressing Jim McNamara the Judge said there waa little ? comfort in the atatament that the tak- & Ing of human life was not intended by the explosion. Any person who would place sixteen sticks of dynamite under a building full of people , v must have been a murderer at heart. The widows and orphans left alive have another story the judge said. " Then John J., dressed in black with a high , collar and a black tie, was ordered to stand up. He hung his head and chewed furiously on a wad of gum. He gave his full name as John Joseph McNamara. ' Prosecutor Fredericks suggested to the court to fix the sentence so John J. would have . only a few years of life after his term expired. "You have heard the court's remarks to your brother," said Judge Bordwell, "and in no small way, ' I sir, they apply to you." The court then pronounced fifteen years imprisonment as the penalty for the crime. The brothers were then led back to the Jail, Judge Bordwell left the bench, and the court room was left In great confusion. Both prisoners displayed considerable nervousness in the court

room. ... Brothers Are Nervous. The McNamara brothers showed grave signs of losing their nerve during the forenoon, but Joseph ScotC one of their attorneys, spent several hourse buoying up their spirits as . much as possible. Judge Bordwell informed the newspaper men that the sentences would be pronounced in the court room df judge McCormick, of the superior court located in the Hall or Records, which is connected with the county jail by the "bridge of sighs." This change was arranged with great se- ' crecy. : Intense excitement prevailed in all the court buildings and a large j guard of detectives and deputy sheriffs were on hand at the Hall of Records, carefully scrutinising everybody in the corridors, which were jammed, ' t the doors of the court room being kept locked. McManigal was apparently very hap- l py. He stated today that in addition to the strong evidence in the case he was also influenced to turn state's evidence because he feared the McNamaras might "double-cross" him. Jim's proposition to go hunting after the completion of proposed Detroit jobs made him suspicious of being ' foully, dealt with, he said. Clarence Darrow declared today he never told Gompers the McNamaras were guilty, because Gomper's didn't ask. - Confess! on by Jim. James B. McNamara's brief confession, penned by himself, bearing evidences of a man little skilled in let- T ters, follows: i . ; . ,, "On the night of September thirtieth, 1910, at 5:45 p. m., I placed in the ink alley of the Times building, a suitcase containing sixteen sticks of -eighty per cent dynamite, set to ex

plode at one o'clock next morning. U was my intention to injure the bunding and scare the owners.; I did, not ' intend to take the life of any one. I sincerely regret that unfortunate men -lost their lives. If giving my W (Continued on Page 8ix

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