-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,-
. - -
'