-v THE WEATHER. Increasing cloudiness Tuesday, rain ai night or Wednesday; cooler Wed nesday, west portions, light to mod erate east winds becoming variable. A POINTER! 1 the Business Local Column for tittle Stories of Big Opportunities. VOL. LXXXVIII-NO. 1913tf : ' - - W 10 E OF First Day of Governor's Con ference Called by Gov Colquitt of Texas. III NEW ORLEANS YESTERDAY After Considering the Situation All Day Without Coming to An Agree-" me nt They Adjourn at 6:30 to Meet Today At 1 New Orleans, Oct. 30. The cotton conference called - by Governor Col quitt, of Texas, to devise means for restoring the normal price . of the South's greatest staple crop, after an all day's consideration of different plans for relieving the present de moralized situation in : the i cotton world, did not reach an agreement and adjourned at 6:30 until 1 o'clock. Tues day morning. (Almost every cotton growing State was represented at the meeting today. The governors , of Texas, Alabama, Mississippi, Louis iana and Virginia, and Charles S. Barrett, president of the Farmers' Un ion, were among those present and took an active part in the proceedings. At tomorrow's session Governor Col quitt, of Texas has promised to make public the first statistics ever compiled foi the benefit of the cotton producer relating to the consumption of cotton and the estimated demand of the v,orld for cotton of the 1911 season. These figures, it is said, will clearly demonstrate that, even admitting that this season's crop will be the largest in the South's history, every bale is worth from 14 to 15 cents per pound. Governor Colquitt eald- that figures slowed that the world's demand at the present time was far greater than the supply. . . '. . v : ' The figures bearing on the consump tion of cotton and the world's demand ?ere furnished by American consuls abroad through Secretary of State Knox, i -' ' ' - ' . -' i newera . securea-trosnorc . notice and Governor Colquitt, declared that this fact proved clearly that the gov-i eminent can furnish " such statistics1 foi the farmers' benefit throughout the period of marketing cotton t and de mands for such will be made by the conference. . 1 Clarence Ousley, editor of the Fort "Worth Recor.d, at whose suggestion Governor Colquitt, of Texas, called' the conference, reviewed conditions which led up to the present low price -for cotton and suggested as' a remedial factor the establishment of a Joint bu reau of statistics by the Southern States. ' ' The plan of certain European bank ers to finance immediately 2,000,000 bales of the present crop and thus in sure an early re-establishment of the normal price for cotton was consider ed late today In executive session. The names of the American repre sentatives, the foreign financiers and details of the proposed plan were with held from publication. It is under stood further consideration of the plan will be had at tomorrow's session. Mr. Ousley criticised the Federal government's plan of Issuing statistics on tire cotton industry, branding it as one sided" benefiting largely . th speculator and the manufacturer, but working detriment to the producer. He (V.clared that nine cent cotton means the confiscation of the cotton farmer's labor and presented figures purporting U show that the cost of producing the staple is approximately 11 cents per pound. In criticising the government for is suing statistics and estimates on cot ton producing without giving the farm er the benefit of statistics relating to cotton consumption, Mr. Ousley de clared that the farmer would be better oft without any estimate or statistics. He called attention to the fact that when the world knew" we would make a crop of 12,500,000 it offers to pay the i'.rnuT $05 a bale, but now when tHe government announces that his crop -is 1:5,800,000 bales the world-offers only $15 a bale. As a last resort to escape this "In justice," .Mr. Ousley stated he would advocate an inter-State compact 01 . 1. i I'd inn 'stq rnn o i-is'isTi ino nil! 1 1 111 reduction with uniform legislation . ""'loiiif, inc. CAUCOO UUUC1 U1C OOKlu. f f State constabulary to prescribe each i.ian's acreage. Declaring that the ob vious remedy for immediate relief is f i hold the cotton for better prices, .'!'. Ousley spoke of the need of a ays t; m of warehouses for storage, and i''r financing a holding movement..'. roNfiuding, Mr. Ousley asserted fiat under the present system the i-niii r is selling in the dark while the fl-'iiner is buying in the light. He al- contended that the government rrouid collect cotton trade information a- diligently and as completely as It ''Ufcts cotton crop information, for Hi' br-neilt of the farmer. Major v. A. Graham, commissioner icniture of North PnrnHna favnr '' State aid to the cotton farmer as a His of securing an equitable price '" staple. T ruiraer s. Senator John L. Mc ;u"'n, of South Carolina, who Is a Cotton Olanter Hcplarort fhat fhn Mthern states may yet be forced to ' mc valorization nlan which has II (mil flvorf an 1 .v. government in the protec- or great coffee industry of that RESTORE PRC OUR xuuunea on Page Eight.) x -. . . . : ' 111 I'MOLU VIBE IS SEETHIIIG Imperial EdhjS ed in Peking Yea- v terday, fro rtit Hand of Emperor Hsuan Tang Disaster " Looms Ahead , Peking, Oct. SO. The demand of tte National Assembly for a complete constitutional government has been acceded to by the throne. An Imperi al edict was issued today, apologizing for the past neglect of the throne and granting i an Immediate constitution with a cabinet from which nobles snail be excluded. A second edict grants pardon to political offenders' connect ed with the revolution of . 1998 and subsequent revolutions and to those compelled to join In the present rebel lion. - v-- - ; The Imeprial edict, which Is from the hand of Emperor Hsuan Tung, says: . .- . ... : "I hajre reigned three years and htve always acted conscientiously in the interests of the people, but I have not employed men properly as I was without political . skill. , I have em ployed too "many nobles ; in -political positions , which contravenes consti tutionalism. : fOn railway matters one whom J trusted deceived , me. Hence ; public opinion was antagonized.. When I urge reform officials and the gentry seize the opportunity .to embezzle. Much ot the . people's money had taken but nothing to benefit the people has achieved. , "On several occasions edicts have promulgated laws, but. none of them has been obeyed. .The - ..people are grumbling yet I do not know - Disas ters loom ahead, but l do not see." After .referring to uprising in va rious places, the edict continues: "The whole Empire is seething.' The spirits of our nine deceased Emperors are unable to Join the sacrifices prop erly, while it is feared that the people ill suffer grievously . "All these things are my own fau'.t and I thereby announce to the -worm that I sweat to reform, and, with.oui soldiers and people to carry out the constitution faithfully modifying leg- eslation, promoting the interests of tqe people and abolishing their hardships, all -in accordance with their wishes and interests.. .. , "The old la we that are unsuitabls will be abolished, l The Union of the Mancnus and Chinese, mentioned by the late Emperor,; I shall carry out now, . Finances . and diplomacy, have reached bedrockLi-r--J - " -l. "EvettvII Und united I wilt still fear that we will fall.- If the Empire's snb1ect3 do not regard and do not honor fate and are easily mislead fty outlaws, then the future of China is unthinkable. I am most anxious day and night. My only- hope Is that my subjects will- tnorougniy under stand." ' The throne promises to organize a cabinet without nobles forthwith. The Manchu Princes Ship Shu, president or the Assembly, Is permitted to resign, the " Chinese L Chia Cnu succeeding htm. The Manchu Kuei Chun, minis ter of constabulary, baa been removed and the Chinese Chao Ping Chun sup ercedes him. . The lines around PeKlng are ugnten ine. Wlhlle there is no great panic among the classes and the foreigners, there has been a perceptible tension ing every where. The legation quar ter Is preparing for emergencies and In some cases temporary fortifications have bee erected of bags of sand. Strong detachments of troops guard the- palace and the gates of the city but while the throne has made haste to comply with tne- oemanas 01 me Mi.nrio oidlers of the third and twenti eth and second mixed brigade com posing the second temporal army ior ih. vrti T campaign: which were presented by the National Assembly, it cannot.be Bam inai reams i j afe from attack. ". ' . Tbe Imeprial edict has been widely discussed and It Is generally believed it was issued 'in order to provide Yuan Shi Kal a powerful lever tov use in his 1 egotlations : with the tebels: - Its ef fect in -Peking already is good. The fear of the people which wasgreai this morning when It became nown that the capitol was -threatened with an attack unless the government ac ceded immediately, to demands or far reaching importance had , somewhat subsided tonight, although six, hun dred thousand Chinese continue to fear a massare while 100,000 Mancnus are in dread of a Chinese attack; . v 'At Tien Tsln' today the foreign troops marched around the concession . t r.oa fha nntlYM witn their num- bers, armament and general prepared- r.ess. The customs ctlved ? a letter signed -lySbuh Yen Fang in behalf of the men Tsln branch of " the revolutWnaryi committee;- an nouncing its Intention soon to take possession of both Tien Tsln ,and; .Pe king. . :;. -V-.;- -fv'-" FORMER MAYOR BUSSE DID IT. Senator LorlmerSays Fprrnerhlcago Ma vac Elected Him. -vi ' rvhipav Oct. 30. Former Mayor jp,aa . a ' TiitooaJ. Af Chicago,. was res ponslble indirectly, for tbe .election of United States, Senator,. William Lori- mer, according to testimony, giy eu w- day by former ipeaaa.vwu m c.iff 1 Af th Illinois Legislature, before the- Federal, senatorial investi gating commlttEo. v -y S f . " Shurtleff said -he owed W-elctIon nAavA . It -ta .Tnair-t)art .to tne n-A 'lha oiinnort of 'BUSS6. .tfre- pn.r r. flnllivan. Democratic woHnnai fiftin mitteeman. and Con- n.Mimon Tra n.v Cooelrsv r had" testified thafLorimer's elevation to the Senate was an outgrowth-of. Shurtleff s elec tion as speaker;.- Sullivan said that Lorimer would .not have gone to the Senate but for tbk election of bnun: V jKivimaTO, Third Day' Session of Grand Jury Investigations End " ed Yesterday. TODAY'S WITNESSES UNKNOWN Officer of the Church Stated That He Came on Entirely Financial Mat- v i ters New Evidence Was - Discovered. "Boston, Mass., Oct 30. The third day's session of the grand jury's in vestigation of charges against the Rev.; Clarehco V. f Richeson for. the alleged murder of Avis Llnnell, a for mer : sweetheart, was brought to an early adjournment today, by the de; sire of the district attorney to look what i8believed to be important new evidence. I.' 1 ' The nature of the new testimony is not known, but its probable"' impor tance may be judged from ' sthe fact that Assistant District Attorney Lavell and Police Capt. Armstrong wene sent by District Attorney Pelliter to secure It for presentation tomorrow. The identity of the persons to be examin ed was kept secret. The fact that there was possible new evidence be came known "to the district attorney's office only this afternoon. Richeson's preliminary tearing is scheduled for "tomorrow morning on the date on which he was to be (mar ried to Violet Edmands,, a wealthy Brookline heiress. It - will be in the municipal court. The. defendant is expected to plead in - person to the charge of murder, and it Is believed that the government will ask a con tinuance until the grand jurors have reported.' On the other band,. it is be lieved that the .defense will press for an Immediate hearing. .An indictment would take the matter out of the low er court. ... George' H. Baker, a boyhood acquain tance of Avis Llnnell, who , asserts that he saw the minister and Miss Llnnell talking together for .ten min- hWslai the south station Friday even ing, the day preceding the murder, was one of the witnesses -before the 'grand Jnry today. Mr. Richeson was visited in jail to day by his counsel. Philip R. Dunbar, and Edwin S. Watson, treasurer of the Immanuel Baptist " church, Cam bridge, where Mr. Richeson still holds the pastorate. When he left the jail Mr. Watson said: "My visit to Mr. Richeson had en tirely to do . with financial matters with the church." ' "Just what do you mean' by -finan cial matters?" he was asked. "I cannot go into that," was the reply. Th treasurer would not say wheth er his Visit had any connection with the possibility of the resignation of Mr., Richeson as pastor of the church. U. S. BUPREME COURT.' Declines to Enter a Final Decree In Virginia and West Virginia Case. Washington, Oct. 30. The Supreme Court of the United States declined today to enter a final decree in. the Virginia and West Virginia debt case, claiming that "the time has not come" for proceeding to determine all ques tions .left open by its decision last Spring. .Justice Holmes announced the .decision of the court. He said that neither doubt as to West Virginia should take the Initiative in a con ference, which the - court . suggested be held when it decided West Virginia ought to bear- a part of the debt, no doubt as to the power of. the Virginia Debt Commission to act In the confer ence, were juBt grounds for delay. "If the parties in the suit consented to a final .decree," the' justice, said, the Supnetoe Court "is not likely to inquire very curiously into questions of power -However, the justice add ed, "a State cannot be expected to move with the celerity of ' a private business man. "It is enough," said he, "if it pro ceeds in the language of the English chancery ' with - all deliberate speed." Assuming that only, the West Vir-: ginia Legislature could act qn a pro posed conference, the court announc ed it. would overrule for the present the .request ' for speedy action in tne case.- ' , -; . ' .-. tW court's action today was in res ponse to ; the request ! of the State of Vireinia to "speed tne cause" ? in mai AtnmAnweftlth's suit atralnat - West Vlreinia to compel It to pay a portion of therold 'debt of the Virginia com- monweaitna - ' -v Last March the court arrived at tne TREK RIGHESON conclusion that West Virginia's 1 sharef Allan Garland In Opolousas, La was of 533,000,000 Virginia deDt . m une sixties was $7,182,000. At thatvtime the court , said ,inany ' figures must be ascertained or agreed upon before fi nal decree was entered,, particularly in regard to Interest and with .'the suggestion that "great States have a temper -superior to that of private liti gants,", besought a conference betWeem the States, to settle the matter.' - r'- The court today, speaking through Justice Holmes, found that West Vir ginia, as a; State, had not ;yet shown that it washot proceeding "with; all deliberate speed.".. V V : Washington Oct: "30. Commander t. b. -Pattoh has just been relieved as engineer officer of the Norfolk navy yard and detailed as captain, of the same -station. ' . '.'';. ; - c.; Tuesday Mm REPUBLIC.: fM!BE BF.1TEII Taft Surprises targe Audience byThis : (1 ..Statement -Was a;rired : Man ' 1 ' ;After Three Dayk Camr ! .V' - palgn" in Chgo . !. v ;: Chicago, Oct- 30 .President Taft surprised a large audienpe at the din-' ner., of the. Hamilton Qlub today .by what most of his hearers construed ad an admission of the possibility of Re publican defeat in the Coming nation al election. He was speaking to what had been promised to; be; anrimuSualiy enthusiastic audience ojh Republicans. Those 'present naste4el tr assribe the' President's utterances. 'to weart ness after his long tour ftf speech-making, and especially after the three days hard "campaign" In Chicago. ; It was his last public utterance in Chicago before leaving for Pittsbtirg tonight. L "Now we are at wha isome people think the crisis fa the Jkfepubliean par ty with reference to.. cpntinUaxtce s in the guidance of the nation," the:,Presi dent said. "I am hopefui that the good people of the country whb know good thing, when they, see tt, have only chastened bs. in an off -year, in order tnai we may oe better j nerearter but with 'no intention, of shifting : from shoulders that are fltted-to be the bur dens of the present problems and caf ry them to a strccessfut solution, to those which are", nntried and "'which have new theories of action and which do not believe in, and .that we don't believe the people belief e In. ' ;: "However, if so be itj.and. they de Eire to make a change, We shall loy ally support the new government' un der any conditions,, with the hope it will Insure to the benefit of the coun try, but with the consolation that if after, one trial the people think they ought to go back to the bid party that has" served them sovwell.in the pro gressive days of the nation, they will dc so we can .bear that my friends: tbat is all." f - ' After his address, the President re tired to his hotel tor rest. Though he professed . no wearinessi.. the three days steady strain had told en him, and it was a tired man who led the Presidential partjr out of Chicago at 5:30 P . M . over . the i Pennsylvania Railroad for Pittsburg, t . ' J'. The address before, the .Hamilton Club, In which the- possibility of defeat found expression; t followed the laying of the corner-stone of the new home of the Hamilton Club, one of the lead ing Republican clubs ct the middle NO HAREMS OR HOBBLES Dr. Louise C.-Purington,, of Boston, Lays the Law Down for Women' Milwaukee, Wis., Oct. 30. Every woman attending, the National W. C. T. U. Convention today bowed her head when the name of Carrie Nation was read at ' the memorial service. A symposium on "howu my -department promotes prohibition,'" was a fea ture today. "No harem, no '-hobble, nor high heels," announced Dr. Louise C. Pll Hn srtn-n rif Tlnetnn Vntinnsl finnDr. Intendent of Health and Hereditary Department in laying down laws for women. "We Insist that as much care be given to the breeding and welfare of children as is given to improving stock in horses and hens." Mrs. Martha W.- Allen, of New York, world superintendent of the de partment of medical temperance, said: "To us has been assigned tne hercu lean task to destroy the main - root which is the popular-belief in alcoholic liquor., as nourishing, . strengthening and stimulating in times of illness.". In support of her contention that tbis is- a fallacy, she quoted Dr. .Har vey W. Wiley, chief of the govern ment bureau of , chemistry. "To win euoh-a man as Dr. Wiley to our cause is equal to winning a State for prohibition,'" : she said. I . . OUTLINES. The treasurer of Immanuel Church, Of which Rev. Richeson is the pastor, visited the minister in jail yesterday on financial business. The third day of the grand, jury Investigation ends. Much new evidence is discovered Government files its answer to the American Tobacco Co's. dissolution plan; Stockholders are In favor of the scheme, while the manufacturers, deal ers and producers are against it, say ing, that it will not break up the trusts Complete control of all the railroads by the Interstate Commerce Commission and- elimination . of the State commissions from such control is foreshadowed in an opinion handed down by the Supreme Court, of the United States -President Taft sur prises a large audience in" Chicago by stating that there is danger of the Re publicans beine defeated in the next National election. He was very tired after his three days' "campaign"- In vnicago. The President left for Pitta- burg last night -Mrs. : Zee Runge- McRee. . Charcot vUh tho mnrdi. f on the witness stand for six hours yes terday. ' Says she. shot young man to protect her honor. The cotton con ference in New .'Orleans,, called by Governor Colquitt, of Texas, for the purpose of devising some me.ans-; to restore the price of cotton, spent yes terday in deliberating without coming to an agreement.11? They . will Jmeet again today at 1 o'clock. New York markets,: Money on call steady "2 1-4 to 2 1-2 per cent.," ruling rate 2 3-8, closing bid and offered at 2 1-2. Spot: cotton quiet, 10 "points low er, -middling uplands ' 9.35;' Rosin and turpentine steady. .'Flour, quiet and.about steady. : Wheat firm, No. 2 red 1.00 1-4 elevatpr export basis and 1.0Q 3-4 f.o.b: afloat; options 5-8 to 3-4 net higher. Conr spot ;SteadyNo. 2 export-80 nominal f.d.b.: afloat. f.-v. MRS. N'REE TELLS TIG 'STORY Of Incidents Leading Up to -Tragedy Whenj She Took V;rV '" a HumanLife, GQUBT ROOrtl WAS CROVdEO - '--- She Killed Garland Because She Fear. - ed He Would Do Her Bodily. Harm and to Protect; Her , :- -Honor..:. ' ', - - Opelousas, La., Oat. 30. Mrs.. Zee Runge-McRee, charged with the mur der of -young Allen Garland. In her home. September 21st, last, stood1 for six hours today in the witoess : chair telling a dramatic - story of the inci dents leading ujp to the tragedy and reiterating her statement f that she killed Garland to protect her honor land because she feared he would do her bodily Injury. r. 1 ne witness at times manifested signs of excitement, speaking ;indTs: unctiy dui at intervals so rapidly that it -was impossible for. the court ste nographer to take down her statements.- Throughout -the day tne court room was crowded with spectators, many xf whom stood in chairs, in moments of intense interest, in their efforts to see the defendants on the witness stand. , MrsT McRee denied absolutely the existence of any undue friendship be tween, herself and Garland., but admit ted that she. and the deceased often were, together? adding. that her child ren! always were with them ' Most of the defendant's testimony ws complete, but details of certain incidents at the time of the killing apparently were obscure in her mind because of the excitement of the mo ment . ' . : Inv narrating what, took place just previous to the shooting .Mrs. McRee told of Garland coming to her home with the spool of thread and' of the arrival, at abouttthe same, time of two men who asked If her husband was at plied that her husband wak'in.townT A. few minutes later, according.: to Mrs. McRee, she was seated at the sewing machine when Garland said, "is your husband going to leave to night?" . "I asked," said the witness, "why he asked me that and he said.if he is not I want to come over and stay with you. I replied: 'How dare you speak to me Tike thatr and he answered, 'Because I believe you are no, good', whereupon I said, 'I'll kill you if you speak like that to me, and I went to where my pistol was. He said, 'you cannot scare me, and Lcam.? toward me. Then I shot him." positive that that - I " TV' nr VAi, a 1A nun j jia aic was why you shot him? ,.-. "Yes sir, and to defend my honor," said Mrs. McRee emphatically. -- , . "Why did Allen come to your home and spend three nights?" "Why, I'll tell you," replied Mrs. McRee... "His uncle was visiting the Garlands and Allan had had some trouble with a young lady and he or dered Allan out of the house.. Allan asked me If I wouldn't let him come to my house for the next few nights. With Mrs. Garland's permission? Allan stayed until his uncle went home.." After questioning Mrs. McRee as to the size - of f Garland's , as compared with her own-physique, Attorney . Vea zy, for the prosecution asked: . "Now tell me, couldn't you have picked this boy up by ithe arms and pushed him. out of the house?" : . "I might have if I had had that much time, Mr. Veazy. Do yoji think a woman is going' to get into : a fist fight with i a man - who has insulted her? Why, I don't think so, and I don't think the wives of any of these jurors would' have done v it," declared til 6 flCCUSil ' Mr. Veazy. objected to the witness "arguing" before the jury. . Judge Hunter asked her when was the last time Garland had spent the night at the McRee home. Mrs Mc Ree replied that it was last .Christ mas When Allan was going down the track toward his home , in an intoxi cated condition. , r . ' . A half dozen character, witnesses were called, all ' testifying that; Mrs. McRee bore a good reputation for peace and quiet and for truth and ve rficity .'' .After questioning the witness con cerning facts previous to the murder Mr. DuBisson, for the prosecution asked: "Now Mrs. McRee, tell me why you shot Allan Garland?".- : -. VI shot him to "defend my honor," inlied the witness. "Did you shoot him because he in-1 suited you or because ne wouia ao you some bodily harm?" - - "Because I feared he would do me bodily harm," - replied Mrs. McRee. ' - "Did you believe he was going to assault you there in your home at .10 o'clock in the morning with your two children there-and two servants in the yard?" - , "No sir, I thought he was going to take my gun. from me and I shot: him to defend my honor," replied the. wit ness. ' ' ' ' '' "x.v ' ' . Si Winnipeg, Man., Oct 28. The ?on-ciliatIon-"and arbitration board which had under consideration demands of the Grand Trunk Pacifio Railway ma chinists and boiler makers for increas ed wages and better conditions, decid ed in favor of the men and against the DRAMA company toqay. ir ; . 1 " v- SUPREME GOURT OTI RAILRO'DS Hands Down Decision Yesterday, That vi ffecta All Ralroad8 Which it ' ' v Regarded as Far-Reachjng .. ' ' . .' Significance. Washington, Oct. 30. Complete control of;, all the railroads of the country by . the Interstate Commerce Commission and. virtual elimination of the State commissions from such con trol is., foreshadowed f in an opinion handed-down today by', the Supreme Court of -the United States'. The court held that thereafter all' locomotives; cars or other equipment used on any railroad which is a highway ofi inter state commerce must comply with the Federal safety appliance act ' , In Its opinion the court held that compliance with. Federal law is com pulsory on all railroads which are en gaged in the transportation of persons ana rreignts from one State to anoth er. Elaborating this, however,' it held that the cars of equipment of such roads, even if engaged In such trans portation within the confines of a State, must be considered as part and parcel of the road and therefore, com pletely under the jurisdiction of the Federal commission. . -4. . Members of the Interstate Com merce Commission who have been em barrassed on numerous occasions by clashes of authority with State com missions, are jubilant at the ruling of the Supreme Court, which was unani mous. Referring to the court's opin ion. Commissioner Franklin K. Lane, declared, "it . meant, eventually that there is to be no dual control of inter state, carriers." The determination of this mooted question was laid, down In an opinion read . by Justice VanDeVenter in a case Instituted by . the government against the Southern Railway. aThe point at issue was whether the Fed eral act applied in the case -of a ship ment from one point in Alabama to another point in the same State, the shipment being in an ' Improperly equipped car. The lower courts , held that there had been a violation of the law. and their judgment was sustained by the Supreme Court. . , . ' i Justice VanDeVenter held that the law applied to all equipment , on a highway in interstate commerce, where at the time it was. carrying in terstate -or intranstate commerce. , 3e then held And . was sustained " by the court's , unanimous opinion hajt jthe Safety 'aOTflance:eT.'tf-tbus fSpeaklng only f railroads, which are highways of both interstate and intranstate commerce;" says Justice VanDeVenter, -"these things are of common knowledge: Both classes of traffic are at times carried in the same car and when this is not the case the cars in which they are carried are fre quently commingled in the same train and In the switching and other move ments at terminals. . . "Cars are seldom set apart for ex slusive use in moving either class of traffic, but generally are used Inter changeably In moving both; , and the situation is much the same with trainr men, switchmen and like employes, for they usually, if not necessarily, have to do with both classes of traf fic. Besides, the several trains on the same railroad are not independent in point of. movement and safety, but are inter-dependent; for whatever brings delay or disaster to one or results in disabling one of its operatives is cal culated to impede the progress and imperil the safety of other trains. And so the absence- of appropriate safety appliances . from. any. part from any train is a menace not only to that train but to others. The decision of the court generally is regarded as far reaching signifi cance and Importance. To enable the commission hereafter to enforce, prac tically without question, Its orders based upon that law. - , . , Those who casually examined the opinion were divided as to its bearing on the litigation as to whether a State may: regulate freight and . passenger rates on lntra-state . traffic when .such regulation interferes or might inter fere with interstate commerce. The Supreme Court is to consider - the question next January when it hears the so-called Minnesota and Ken tucky rate cases. It is the best Judg ment of those conversant with the sit uation, however, that today's decision has Mttle, if any, bearing upon the Mr. Lane said he was gratified that the Supreme Court had rendered the decision, because it made for better, safer and , more economical operation of the railway systems of the country. REJECTS CHALLENGES.', Against 'Talesmen in McNamara Trial - ', " '''j ; Yesterday ' ' , . -Los Angles, Cal., Oct. 30 Judge Walter Bordwell accused the defense in the McNamara murder case today of trying to circumvent his ruling and rejected two challenges, against tales men, these challenges having formea the basis of his accusation. . ' He also refused to the defense the privilege of challenge against a juror who said - he would not convict a pris oner in a capital case on ' circumstan: tial evidence alone, holding that this challenge was available only to the State.- - ... Under these rulings the jure box contained at. tbe close tonight three men passed for cause .by both sides in addition to the four previously qualified.';"'-'.". '";;' -'K '"' '': To both " the court's main rulings Attorney Clarence Darrow took ex oeption in behalf of his client, James B. McNamara, who Is on trial for the murder of Cnarles .'Haggerty, a vic tim of the Los Angeles Times. explo sion, a year- ago. . v : " - I . n : WHOLE LT3IBER 13,753. STOCKHOLDERS APPROVE DIVISION Plans of the American To- Saccb Co. Praised and v Condemned. 60VEH!1ME!1T'S ANSWER FILED Manufacturers, Dealers and Producers Disapprove f Plan State That ItiWIII Not Break "-;'V ' ' Up : Trusts . New York, Oct. 30. The proposed plan for re-organlzatlon of the tobac- ci. trust submitted by the American Tobrfbco Company, co-defendants to the government's anti-trust suit, was boyi praised and condemned today before the Circuit Court Judges of the United States for the Southern Dis trict of New York. T ' . ' After Attorney General Wickersham had filed, the government answer to the- plan counsel for the defendants pleaded with the court, to accept the dissolution proposal. Lewis Cass Led- yard, arguing for the defendants, in sisted that it was an honest plea to comply .with the requirements In the mandate , of the Supreme Court for. a re-organfzatloh that" will restore com petition in compliance with 'the terms cf the Sherman anti-trust law. Supporting the plan, representatives of the preferred stockholders and bond holders of the American Tobacco and constituent companies urged approval of the division of. the trust into four t4 Tvr4 v- t 0 4vmAyra Ail aatm ra n I ao 4- Via operated absolutely .independently of each other. In support of these inter ests there appeared Joseph H . Choate and others who Insisted that. the re organization' plan was a sincere one, and pleaded that no hostile elements be permitted to destroy it though l might be subject to some amendment calculated to assure .protection to the property rights of citizens. Independent manufacturers, dealer and producers of tobacco unanimously . disapproved the plan on tne ground that ;tt; would -aiotf eetrittlnreffectually hrealtinc n th , f trust' knd that it is a sham proposal to divide the proper ties . control of which still, would be retained by the group of individuals bow dominating the industry. . Louis D. Vrandeis, of Boston made the prin cipal, argument against the proposal and sought to convince the court that 1'. would be impossible to bring about thereby a restoration Of the competi tive system in, the trade. ! Attorney General Wickersham, ap pearing with the special Prosecuting Attorneys J. C. McReynolds and Ed win .P. Grosvenbr, . will be heard to morrow. The answer of the Attorney General filed today did not express general opposition to the dissolution plan but contained for the guidance of the court many restrictions deemed necessary to assure restoration ot competition in the tobacco Industry. Creation of a new condition "hon estly In harmony with and not repug nant to the law," Is insisted upon by Attorney General Wickersham in his answer to the plan of dissolution and re-organlzatlon of tne American 10- , bacco Company and co-defendants to the government's anti-trust suit The answer urged that any . disintegration plan accepted be subject to revision within five years, and askecTthe court to grant '.; a permanent injunction against each of the defendants, their officers, employes, . etc., restraining them from ."continuing or carrying in to further 'effect the -combination ad judged illegal by" the Supreme Court" Affo roforrintr tn the directions ofi the Supreme Court that competitive conditions in"the-tobacco Industry be restored, the Attorney General said: "Obviously the effect of any plan of disintegration submitted to the ..u... fh& pnn rt must be Cullsiuciauuu vi mo . . .- more or less ' a matter of conjecture, and It is impossible for he court to determine in advance whether or not a plan wlhch proposes to restore com- .... 1 A. .11. petltlve .conditions wiu aciuau w compllsh the purpose intended. "Therefore," he continued "the gov ernment should be given the right to apply for further relief . at any time within five years, and to that end, each of the new corporations proposed to bo organized to carry out the plan should be brought in and made a party to thia--suit in order to be subjected to the jurisdiction of the court" Any plan adopted, the Attorney Gen eral urged, should prohibit the corpor ations among which the business com-s bine is distributed from having office In common, owning stock in each oth er, employing the same selling or pur chasing aeents. retaining the same of fice force or occupying the same offices or v holding ' stock in any corporation, any. part of whose stock is also held among which the properties 01 ma combine are distributed. As to the distribution , of properties, the government suggested that no cor poration be allowed to acquire proper ty that would Invest it with as much as forty per cent of any particular line of the tobacco business; that all cov enants , restricting the activities of members of . the combination be' res cinded, and that the United Cigar Stores Company be sold, and distribut ed ' to 1 parties other than ,the defen dants. . . ' ' - In asking for the injunctions, the At torney General sets forth that the de fendants should be prohibited from re creation of the combine by convey,- . - - '