THE WEATHER.
Fair, slightly warmer today; Thurs-,
day fair, light to moderate northeast
winds. - ' .... i ; .
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Subscribers not receiving The 8 tar
promptly and at a reasonable hour are
requested to telephone No. 51.
TOUNDE
VOL. LXXXDMSTO. 64.
SENTENCE PHO .
unnii Mill Milk
JUlV k r-Sv
lining
James B. Gets Life Imprison
ment and John J. Fif
teen Years.
PUBLIC TALKS. OF SENTENCE
James B. McNamara .Makes .Written
Confession Prominent Men
Speak of Sentences' as Just
Trials First Chapter
Los Angeles, Cal., Deo. 5. James
B. McNamara, 1 confessed murderer,
was .-entenced to life imprisonment
here today by Judge Walter Bordwell.
His brother John J. McNamara, sec
retary of the International Associa
tion of Bridge and . Structural ' Iron
Workers, who confessed to the dyna
miting of the Llewellyn Iron Works,
v.as sentenced to 15 years in the pen
.tenti&ry. James Boyd McNamara and John J.
McNamara, brothers, natives of Cin
cinnati. O., today felt the strong hand
of justice which they long had sought
to evade. James B. McNamara ' was
sentenced to imprisonment for life for
uurder committed in dynamiting the
Los Angeles Times building and kill
ins 21 persons, and his brother to 15
vears in the penitentiary for blowing
iip the Llewellyn Iron Works.
It was theoretical reaction of the
!aw against the lawless methods which
lohn J. McNamara, secretary ana
, treasurer of the International Associa
ion of Bridge 4 & Structural Iron
vVorkers pursued in fighting employ
3i s who kept open shops.
Though the younger brother, James
3., informally presenting his conf es-
iion to the court today, declared mat
,ie intended no murder when he plac
?d 16 sticks of dynamite beneath the
hmes building on October 1, 1910j,
lohn J. McNamara recounting to
night to his attorneys his prinicples,
broke down as" he muttered tnat ne
.ought against great odds in the best
way he could. It was a sequel, to. tne
court's - decision; -earlier, rnr the day
when he received his sentence in tears
nf abiect surrender, i .
A few hours after the sentences
were pronounced by Judge Bordwell,
word went forth that subpoenas would
, be issued for Yoth McNamaras to ap
pear before a Federal grand Jury to
iivujge further details of their dyna
nltine consuiracies. ' " !
The United States government will
demand of them information concern
.n? interstate trafficlng in dynamite
Ahich is alleged to have resulted In
more than 100 explosions at bridges
and factories where labor's welfare
was involved. Something of the same
fear of terrorism brought by those
'.'xplosions flitted through a crowd of
nearly 15,000 persons today as it surg
ed back and forth around the Jail ex
pecting to see the McNamaras taken
c the hall of records, where previous
scenes in the .trial had been enacted.
But the court and counsel, taking cog
nizance of possible lawlessness, held
the final ' session in a court room ad
joining the jail and the prisoners
, were taken thither over an interior
bridge passage way. " -"I
never carried a gun until today
since the McNamara affair started,"
oonflded Samuel L. Browne, chief of
ta State department of investigation,
vhen his detectives reported to him
hat suspicious characters by the
scores were scattered in the'erowd.
Judge Bordwell changed his mind
several times, but took final precau-
ion and hed court In the small cham
r beside the Jail. 1
Outside the crowd begged for en
trance. An army of policemen fought
its efforts. To the hall of records, not
Car distant, the mass of humans mov
?d back and forth in confusion and
?ven many who really were entitled
o admission, were denied thattrivi-
('(10.
In the hall of records, floors and
stairways were choked with the curl-
Only a hundred persons saw tne
v o brothers led through the .narrow
; s.sageway into the chamber beside
- h jail.
A supreme ordeal faced : James B.
VcXamara. who worried as to wheth
er the court would Inflict the extreme
' nalty. death. John J. McNamara,
iot liable to such severity, was anx
on? for his brother's sake.
Thu 24 minutes of procedure that
' iled the fate of the two men went
"nviird slowly. It was quiet almost
o the point of . monotony. I Pleas of
ciilty were entered with the assur-
tri' f of District Attorney Jno. D. Fred.
inks that he would urge clemency
t. whatever fortitude the two men
v.i'l mustered for the occasion, receiv
a set-back and dismay threatened
'hrm for a moment as Judge Bordwell,
I passing sentence on James B. mc
'iiiiara. seemed to be inclined to in
' 't the death penalty. And though it
' "i not come, the severity of Judge
''.rdwells remarks cut, and Jonn J.
lif,Anmara's accustomed expression,
'''if smile and half snear, passed Into
''" ol deiection.
"I never saw a man change so much
'v ''hi ii a few minutes," declared Judge
!''" dwell later. Attorneys close by
w tears in the eyes of John J. Mc
N" inara. The young man, the con
murderer, took his sentence
'ni!y. As he resumed his seat he
'! I' d in recognition of an acquain
' -dge Bordwell talked slowly and
":h supreme gravity. Unused to
oitninal trials, he pronounced his first
run bm
HV)?jtinued on Page Eightt
STAY REFUSED MEAT PACKERS
Trial Of Man for Vintalnn .Oh a
Law WJ'I be Resumed at Chica-
go Selection of Jury.
At Far u rttfa
Washington, Dec. 5. The Supreme
Court of the United States today re
fused to grant a stay of the beef pack
er trial in Chicago until the court
would be able to pass on the constitu
tional question raised by the packers
in habeas corpus proceedings.
i ne packers are cited to appear to
morrow in the United States District
Court at Chicago for trial on indict
ments alleging criminal violations of
the Sherman anti-trust law. Today's
action by the Supreme Court will per
mit the trial to proceed.
The court's decision was the final
step in a long legal contest to avoid
trial at this time.
Trial to Begin Today.
Chicago, Dec. 5. Trial of the ten
indicted Chicago meat packers will
begin tomorrow morning in the United
States District Court before Judge
George A. Carpenter. Refusal of the
United States Supreme Court today
to issue a stay in order that the con
stitutionality of the criminal clause of
the Sherman anti-trust act, under
which the accusations are made,
might be tested, brought the fight for
delay to an end, it was said by attor
neys for the packers tonight.
Selection of a Jury will begin as
soon as motions are disposed of in
court tomorrow. Thirty peremptory
challenges will be allowed each side
in selecting the jurors.
Only one question was not settled
tonight by the defense. That was
whether an attempt would be made to
try the packers one at a time, instead
of concurrently. This, United States
District Attorney James S. Wilkerson
is prepared to combat, inasmuch as
the men will be on trial for alleged
conspiracy.
Eighty-two veniremen will report
for service when court opens, the rest
of a panel of 100 having been excused.
The government will be represented
byfMr. Wilkerscn and seven other at
torneys, among them Senator Kenyon.
of Iowa, and El wood Godman.
DURHAM'S COURT HOUSE.
No
Action for Present Merchant's
Association Will Entertain.
Durham, N.C, Dec.- o.--The agita
tion for a new court house vbich nas
been on here for the last , year, waa
put' to sleep yesterday:, lor.'.- whole
year,when the county 'commissioners
voted , to take no action at present
Two of the board voted for prompt
action an dtwo against it, while the
chairman, Luther B. Markham: te
clined.to vote either way. It is
understood, however, that Chairman
Markham .was In favor of taking some
action in the matter. To proceed with
the matter required unanimous action
and that was Impossible, for a perfect
agreement could not be reached.
The Merchants' Association has sent
out the invitation for its big banquet
here Tuesday night of next week. The
programme is not altogether complete
at this time, tout it is the plan of the
merchants to have- theblg officials of
the Seaboard Air Line railway here,
alone with Editor Josephus Daniels,
of the News and Observer, and Major
Hemphill, of the Charlotte Observer
Invitations have been sent to them,
and there will be a place on the pro
gramme for both. Judge James S.
Manning,, ex-solicitor Jones Fuller,
representative railroad men, local
newspaper men, and others, are to
make short addresses. The banquet
is in a large measure a tribute to the
railroad men, and is more or less a
means of courting the Seaboard offi
cials, and it is hoped that a hint of the
change in the main line or tnat roaa
through Durham will be given at the
time. The Association is to nave a
ereat gathering at that time, as the
December annual banquet is an an
nual affair with the merchants.
BARGE MARYLAND SINKS.
She was Valued at $20,0CO Five Men
on Board Saved.
Philadelphia, .Dec. 5. The last ves
tige of the unfortunate steamboat
General SlocTrm, on which about 1,000
lives were lost in the waters of New
York some years ago, now lies at the
bottom of the sea. After the steam
boat was burned to the water's edge
the hull was converted into a' barge
and given the name of Maryland. To
day a report was received nere tnai
the barge could not stand the gale
that blew off the New Jersey coast
yesterday and sank somewhere in the
vicinity of Sandy Hook. The crew of
five men were taken off by a tug. The
Maryland was valued at $20,000 and
there was" no Insurance.
Bad luck pursued the hull of the
General Slocum even after it had been
turned into a barge. Peter Hagan
the owner of the ill fated hulk said
she was .always getting into trouble
"Til fnrtnriA always followed her," he
aald todav. "Even on this trip we had
tn nut in a flew rudder before she
wnt tn sea 1 am glad she's gone
Of course, I didn't like to throw' 20,-
ooo into tne sea, uui uow ium one o
gone, I have ho regret.
FEAR YACHTS LOST.
Bound Ftbm North to Southern Wa
ters Ran Into Strong Gale.
Beaufort. . N. C. Dec. 5. Fears are
entertained for the safety of a num
ber of small yachts bound from North
em ports to Southern waters which
left Sunday and ran into a strong
southwest gale which shifted to the
northwest and probably has i driven
the little vessels off snore.,
' The three masted schooner Susie H
Davidson, bound from New York to
Savannah Is reported 40 miles south
of Hatteras in distress ana it is oe
lieved her crew lias ibeen taken off by
a passing vessel. , ' V
: - t,
WILMIKGTOK, IST. C.,
REBELS MING
LOST CONFIDENCE
Leaders of Chinese Revolu
tion Unwilling to Consider
Government Terms.
REINFORCEMENTS ARE ON WAY
Marching Toward HankoWFrom Wu
Chang Provisional Constitution
for New Province Nanking
. Perhaps the Capitol
Peking, China, Dec. 5i The Chi
nese Rebels in the vicinity of Hankow
are regaining confidence, according to
Consular reports received here today,
and leaders of tne revolution arenot
willing to iconsider any term3 from the
government except those providing
for a republic.
Rebel reinforcements are marching
toward Hankow from Wu Chang. The
revolutionaries announce the arrival
at Hankow of representatives of eight
provinces with the proxies of three
other provinces and that the delegates
adopted a provisional constitution for
the new republic. The president of
the republic. It is declared, will be
elected by delegates appointed by the
provincial governors. Five boards
will be created, viz: Civil, foreign,
finance, war and communications. A
popular convention will be called af
ter six months have elapsed.
The revolutionaries hope to make
Nanking the -capital. In the interim
the Hupeh military administration
will command the Rebel provinces. It
It believed that a strong movement is
on foot to substitute a Chinese regency
for the present regent, who, with oth-
ei Manchu fTinees, will retire from
PpUti rr Tint it la unllVolv That ovon
thia will satisfy the rfajority of the
provinces.
GOV. WILSON SPEAKS.
Delivered Two Addresses at Baltimore
Yesterday add Last Night.
i Baltimore;" Dec.; .5, -Governor Woo4-
row Wilson, of New Jersey, made two
addresses here today and tonight.
This ' afternoon's address was before
the Maryland Week Exposition, and
the Governor referred to the undevel
oped resources of the South and. the
important part played by the farmer
in connection with the government
and institutions of the country.
"American municipal government
was the subject of an address tonight
at a mass meeting under the aspices
of the Woman's Good Government
Committee of Baltimore.
In his afternoon address the govern
or said the - South is not merely to
consume her own products, farm by
farm, she must go to school to get
the great masters of science, she must
be interested in the consumption by
young and old men of the great stores
of knowledge which have been laid up
In the modern world with regard to
agricultural and other processes.
DR. BUMGARDNER DEAD -
Native of Sampson County- Remains
to Staunton for Burial
(Special Star Telegram.)
Washington, D. C, Dec;. 5. Dr.
Happer Bumgardner, of Elliott, Samp
son county, died at Baltimore yester
day. - His remains were taken to
Staunton, Va., today and will be bur
ied there tomorrow at 11 o'clock. Dr.
fcTimgardner was about 38 years old,
and had been engaged in business in
North Carolina. Two weeks ago he
was sent to Baltimore for treatment
His death was not expected and his
mother, Mrs. , P. V. Bumgardner, did
not get to his bedside until after the
end.
Dr. Bumgardner was a nephew of
Mrs. P. L. Murphy, of Morganton,
and a brother of Mrs". Willie Faison,
of Elliott, and Mrs. Hugh Humphrey,
of Goldsboro, and a cousin of-Mrs.
Marion Butler, of this city. Mr., and
Mrs Butler accompanied the remains
to Virginia. H. E. C. B.
ROBESON ADVANCE SOLD
Lumberton Paper to -Become . Demo
cratic Sheet Daniel Boone
( By Long Distance Telephone).
Lumberton. N. C, Dec. 5. The
Robeson Advance, the Republican pa
per established here 15 months ago,
was sold. today to Messrs. G. S. Mc
Kenzie and Samuel Ed,wards, after
several days negotiations. The paper
will be changed to a Democratic pub
lication. At a meeting of the County
Commissioners last night the publish
Ing of the county's annual statement
was awarded to The Advance, it De
ing the lowest bidder.
Daniel Boone was the attraction at
the Opera House here tonight. It is
aj good 'show and produces the real
live Indians and the wolves. It is
well worth seeing at the price.
' PROMINENT MAN SUICIDES,
Dr. Sydney Bufflngton Shot Himself
Wrote Letters to Frienas. -
Philadelphia, Dec. 5. Dr. Sydney
Bufflngton. a nephew of Judge Buffing-
ton, of the United States Court of Ap
peals, and a member of a family prom
inent tn the western section of this
State, committed suicide here-today
by shooting himself through the head
Before firing the. fatal shot he calmly
wrote letters to several of his. rela
tives and sent messages to many o
his friends.
WEDNESDAY MORNESTG,
SUGAR TRUST IWESJMIM
Profits Made by Beet Sugar Interests,
Unnecessary, Rise in Price"From
Which Beet Raisers Got
No Benefit.
Washington,. - Dec - 5.-Representa-tive
Raker, of California, drew, from
W. T. Willett, a sugar expert 'witness
before the House investigating com
mittee today,1 jthe magnitude of the
profit made ' by the beet4 sugar inter
ests on the rise In sugar to the con
sumer, which began in 'June of this
year.
Mr. Willett said that when the New
York price of sugar advanced, a cor
responding rise was announced in the
West, notwithstanding1 the fact that
the beet sugar refineries of Colorado
and California, had an enormous sup
ply of their product on hand,
Mr. Willett, who earlier in tiis testi
mony said that .sugar had drifted back
to approximately . six ; cents a pound,
testified that the farmers who raise
the sugar beets got ho benefit from
the rise. He was paid the same price
fcr his beets that was named in the
contracts dated, months before.. ,
Why did the beet sugar manufac
turers of California raise their prices
just because New York refisers 3,000
miles away did'so?" asked Mr. Raker.
"Because it was good business."
"That is what is known as 'good
business' is it?t
. "Yes, of course. If they hadn't done
so they would have been called fools
if they gave away two cents profit on
a pound."
Mr. Willett gave the committee
much statistical data on the world's
operations In sugar. He denounced
the gratuity given the Hawaiian sugar
planters by free entry . to the United
States and expressed the opinion that
free raw sugar, would "starve' the beet
sugar men fo death."
CONTRADICT TESTIMONY
Hearing in Lorfmer Case Resumed
Yesterday New Witnesses
Washington. Dec. -5. When fhp
Senate Committee, which is investi
gating the election of Senator Wil-
iam Lorimer, of Illinois resumed
hearings today, Elbridge T. Hanecy.
chief of counsel for the defense. Intro
duced witnesses to contradict the tes
timony of Charlesr.. White that Syd
ney YarboroApiC was at Springfield,
HL, on-the night-of-MaSlth,. 1909.
F. G. IJaJU of Chicago, one ofrthe
pass clerks of the Illinois Central
Railroad. ' identified a pass issued to
White, whkh was used between Chi
cago and Springfield on the night of
May 25th. It is the contention of the
defense that Yarborough used tue
pass, and that he was in Chicago and
not in Springfield on the night of the
4th. When the committee resumes
tomorrow Mr. Hanecy will produce
George Gloss, Mrs. Ellen Gloss, E
Bell and William Stunner, ail of
Chicago, by whom he expects to com
plete testimony on that point.
The committee showed a marked
disposition today to have the investi
gation finished without further delays.
Senator - Jones complained because
enough witnesses were not on hand
o occupy a whole afternoon. Senator
Kenyon joined the general request
that all possible delays be eliminate.
It is the intention of the commit
tee to hold daily sessions until the
case is closed.
POSTMASTER AT ASHEBORO.
Nominations Sent by President to the
Senate Yesterday. .
(Special Star Telegram.)
Washington, D. C, Dec. 5. The
President sent the. following nomina
tions to the Senate late today: To
be Collector of Customs for the Pam
lico district, John D. Biddle. To be
Postmaster at Asheboro, John M. Bur
rows, and Erie Lamar Ellington, son
of Sheriff Ellington, of Johnston coun
ty, to be a second lieutenant in the
army. H. E. C. B.
OUTLINES.
A stay in the trial of the Chicago
meat packers has been refusejt by the
supreme court at -Washington, ; and
the trial will be resumed at Chicago
today. Early arrangements will- oe
made for the selection of the jury
Representative Raker, of California,
drew from a witness the magnitude of
the profits made by the ueet sugar in
terests of the West. The price of beet
Sugar was advanced last year two
centsT on the, pound i and of this rise
the beet farmers got no benefit
Sentence was yesterday passed upon
James .B. and John J. McNamara. at
Los Angeles, the former getting life
imprisonment and the latler fifteen
years. . Prominent men adjudged tne
sentences wise ones President
Taft's message on. the trusts was de
livered to both houses of Congress
yesterday and was generally well re
ceived, 'jjsmocrats, however,- held
that the first message' should have
dealt with the tariff Italians Mon
day attacked an4 -occupied a military
camp near Tripoli, driving the ene-
toy from the coast and their bases of
supplies The Chinese Rebels in the
vicinity of Hankow are regaining con
fidence,-according to consular reports
received at Peking, and .leaders are
unwilling to consider any terms from
the government except providing for
a republic. ;,
New York markets: Money on cal
firm, -4-1-4 to 5 l1 4 per cent; -ruling
rate 4 1-2; closing bid 4; offered at 4
1-2. Spot cotton closed quiet. Rosin
steady. Turpentine firm. Flour un
settled, with demand slack. Wheat,
spot weak; No. 2 red 1-4, elevator
export basis, and i96 3-4 fob afloat
Corn spot easy; , export new, 68 12
fob afloat to arrive ; options 7-8 cenf s
net decline. . N - ;
DECEMBEB 6, 1911.
. REYES SE
CLUDED III 110
Government Officials Think
They Will Soon Capture
Him.
GOMEZ HAS BEEN LYNCHED
Eight iof His Artisans ave Also
Been Lynched No Alarm at
General R eyes' Return.
Mexico City, Dec. 5. Ches Gomez,
whose rebellion at Juchitan resulted
In a plash between President Madero
and the governor of Oaxaca, was
lynched this afternoon at Rincon An
tonio. Eight of Gomez's partisans
met a like fate.
Gen. Bernardo Reyes has returned
to Mexico. Just where he is and just
wnere ne crossed the international
boundary are not generally known,
b-t that he. is in Mexican territory is
an official statement.
Instead of manifesting alarm be
cause of his coming, government offi
cials tonight professed keen pleasure.
1 ney believe they will have little trou
ble in effecting his capture and the
statement is made, if taken, he will
have to stand trial on the charge of
inciting rebellion.
Corpus Chrlsti, .Texas, Dec. 5. Ac
cording to information brought to Cor
pus Christ! tonight, Gen. Bernardo
Reyes and a small party of his fol
lowers boarded a southbound San An
tonio and Arkansas Pass train at Pet-
tus, Texas, late yesterday. Ticket
were held to Alice, a junction point of
the International & Great Northern
and San Antonio & Arkansas Pass
railroads.
HER BEAUTY SPOILED
Lady Enters Suit for $5,000 Accident
Caused Disfiguration of Face
Camden, N. J., Dec. 5, Claiming
that her beauty had been spoiled en
tirely in ah accident and her chance
of marrying advantageously - ruined,
Miss Annette Myers, an Atlantic, City
school teacher; entered suit- rrere- to
day for $5,000 damages against Rob
ert Cain, a -member of the Camden
ccunty board of freeholders, whom
she, alleges is responsible.
Recently the school teacher and a
party of friends, while walking along
a country road on their way to a fair,
were run into iby Cain who was driv
ing a fast horse attached to a light
carriage. Several -of the party were
knocked down but all escaped serious
injury except Miss Myers, who sus
tained a broken nose and a crushed
cheekbone.
Miss Myers counsel claims that
she was so disfigured that "she hates
tc appear in public."
FEDERAL TREASURY RICHER.
Senator Hoke Smith Returned Back
$3,000 of His Salary.
Washington, Dec. 5. The Federal
Treasury will be $3,000 richer because
Senator Hoke Smith, of Georgia,, de
cided today that he could not accept
pay for being a United States Senator
and a governor at the same time. Sen
ator Smith was elected on July 12th
and his salary from the government
started at that date. He. chose the
State of Georgia's money,., however,
and today turned back about $3,000
salary to which he was entitled as
senator.
APPEAL TO CONGRESS
Asked That United States Intervene
in Present Trouble Jn Persia
Washington. :Dec. 5. "The issue
in Persia today is independence or
death," says an appeal for aid sent to
Congress today bjMirza Mohammed
Hardi, a Persian; and an American
citizen of Seattle. Wash. The intro-
gues and aggressions of some have
become intolerable, threatening the
very ' independence and integrity . oi
Persia," says the appeal in conclu
sion with a prayer that tne United
States intervene in the present aim-
culties.
FOR ELECTROCUTION.
Negro Taken Fromr Nash County to
State's Prison.
(Special Star Correspondence.)
Raleigh, N. C, D,ec. 5. G. E. Wil
vina rnirvrert. was brought to the peni
tentiary today to await electrocution
for the murder of his wife in Nash
county, the date for his death being
January 12th. He is the fifth convict
nvlrur itoat.h cells at the Deniten
tiary awaiting electrocution. The next
victim of the cnair was scneauiea o
be L. M. Sandlin. of Wilmington, who
has recently been granted a respite.
TO DRAFT BILL
To Carry Out Recommendations As. to
Monetary System
Washington, Dec. 5. The National
Monetary Commission, of which, form
er Senator Aldrich is 'chairman, in ex
ecutive session today, decided not only
to submit a report embodyihglrecom
mendations based on its investiga
tions, but to frame and present to
Congress the draft of a bill to carry
out tho3e recommendations.
Attention of the public is called to
the change in the leaving time1 of
Train 29, which leaves at 3:25 P. M.
Instead of at 3:40 P. M., as formerly,
over the Seaboard. - 2t . .
ITALIANS TAKE TURKISH GAMP
Decisive Victory in Vicinity of Tripoli
1 Cutting Off Enemy's Base of
SupplyArabs Take Their
Flight from Coast
Tripoli, Dec. 5. A force of 2,000
Italians yesterday attheked and occu
pied the Turkish military-camp on the
oasis of Ain-Zara, in the vicinity of
the town of. Tripoli, after a severe bat
tle in which both sides are reported
to' have lost heavily.
The regular Turkish troops assisted
by Arabs defended the settlement
bravely but were forced to retreat to
the interior, abandoning -eight can
cons, many tents and a quantity of
provisions.
The battle opened .in the morning
with a heavy bombardment by the
fteet, under icover of which the Italians
advanced to the attack.
The headquarters' staff of the Ital
ian army assert that tue battle was
a decisive one for the possession of
the country as it almost entirely
clears the oasla around the town of
Tripoli and forces the Turks from the
coast and away from their bases of
.supplies.
The fighting lasted from daylight 4o
dusk. When darkness began to fall
000 Turks and Arabs disannparprl
r&Dldlv to the southeast. A lone lino
of camels was with them, bearing their
wounaea. xne Turks lost several
hundred kmed, while tne Italian cas
ualties are estimated at 1
ABOLISH COMMERCE COURT.
Senator Poindexter Says Its Decisions
Are of a Destructive Nature.
Washington, Dec. 5. in introducing
a bill for the abolition of the Court of
Commerce, ; Senator Poindexter today
sharply criticised the decision of that
court in the Spokane rate case. He
declared that the effect of the court's
decisions was to destroy the long and
short haul clause of the Interstate
commerce law as well as the power of
the Interstate Commerce Commission
to perform its functions.
Mr. Poindexter declared that "in
every important case where the . peti
tion was filed by a railroad. company
the Commerce Court has enjoined the
orders of the Interstate Commerce
Commission." V" -
"It has destroyed the effectiveness
of this commission," lhe said. "The
commission by its good work for years
has won the' confidence, of the people.
The Spokane .case was carefully, con
sidered by the, commission for yeata.
.Conclusions were tested 1 by applica
tion to actual business before ordered
"into effect. ' And yet the raw Com
merce Court" without, special exper
ience on .a brief hearing enjoins this
caf efully considered " and thoroughly
tested order.
"The court is entirely- superfluous,
has grossly exceeded its authority and
will be constantly prone to arrogate
to itself functions which do not be
long to it, which are not judicial, and
which can never be properly exercised
by a judicial tribunal. It should be at
once abolished."
PRESIDENT TAFT PRESIDED
Praissd National Red Cross For Its
Efficient Work
Washington. Dec. 5. President
Taft presided for a few minutes at the
seventh annual convention of the Na
tional Red Cross here today and later
made a brief address praising tne so
ciety for efficient work during tni
past year.
The old officers were re-elected as
follows:
President Taft, president; Robert
DeForest of New York:1 vke presi
dent; "A.' Piatt Andrew, of Washing
ton, treasurer; Frederick w. Lien
mann, of Washington, counselor; Er
nest P. Bicknell, Washington, Na
tional director, and Charles L. Mc-
fiee. of Washington, secretary. Tuu
members of the executive committee
also were continued In oft'ee. T i
new members of the board of incor
porators are: Thomas Ne'son Page,
of Washington; Francis B. Reeve, ot
Philadelphia, and Kennetn ciarK, oi
St. Paul.
At the request of the management
of the Panama-Pacific exposition i:
waa voted -to invite foreign Red Cress
societies to hold an international Reu
Cross Congress at San FrancicoMn
1915. The report of the treasurer
showed' that $300,000 was expended
during the past year and that $900.
000 of the proposed million-dollar en
downment fund had been raised.
QUICK JUSTICE FOR BANDITS
Five Sentenced to Electrocution at
White Plains, N. Y. Crime
White Plains, N. Y., Dec. 5. -The.
five bandits who descended on an is
olated farm house near Croton Lake
November 9th and murdered Mrs.
Mary Hall, were all sentenced by
Judge Tompkins fate ' todayvJto deatn
in the electric chair during the week.
January 15th.
The tchain of five convictions was
completed today when the jury re
turned a verdict of guilty in the case
ot Angelo Guisto. Justice never came
swifter in this State to so many mur
derers. Within two days after the
crime, the five bandits- were arrested
and their trials began November 2?th.
In most of the cases the jury was out
barely fifteen minutes. Those prev
iously convicted were Vincenzo Coma,
Felipe Di Marto, Lorenzo Call and
Santa Zanza
Attention of the public is called to
the change in the leaving time "of
Train 39, which leaves at 3:25 P. M
Instead of at 3:40 P. M., as formerly.
over the :Seaboard. . 2t
Warm and Pleasant
, Yet thoroughly ventilated and. a?
cozy as a bug in a1 nig. : That's what
they say of The Grand Theatre.
WHOLE OTJ3IBER 13,784.
TAFI'F MESSAGE i
TO BOTH HOUSES
Delivered to Each Branch of
United States Congress
Yesterday.
AS TO ANTI-TRUST STATUTE
Champions the Measure and Suggests
New Remedies Comments, of
Leaders on Both Sides.
"Reasonableness."
Washington, Dec. 5. President
Taft's message on the trusts was read
in both branches of Congress today
and was generally well received. Tho
President's objection to a repeal of
the Sherman law was approved by
some of the leaders on both sides, al
though the Democrats held that hi3
first message should have dealt with
the tariff.
Democratic Leader Underwood said
the President and tho administration
were trying to overshadow the tariff
with trust issues. "The message is an
able one from the President's Stand
point," said Mr. Underwood, "but we
feel that the leading message should
have dealt with the tariff. There
seems to be an effort on the part of
the President and the administration
to force trust issues ahead. 1 am op
posed to a repeal of the Sherman law.
but there may be supplemental leg
islation to denne it. I do not think
the House favors a Federal incorpora
tion act."
Speaker Clark said he could not dis
cuss the message until he had studied
it thoroughly. ,-
Republican Leader Mann, who has
not always agreed with the President,
praised the message. . , ' ;
"It is probably the strongest utter
ance President Taft has ever made,"
he said. "It shows that he is on the
side of the people; 'tharhe is not con
trolled by the trusts arid that he does
not-wish' to' cavuse "undue violence to
proper combinations of capital."
In thej Houses --the ..reading cf the ..
message, was interrupted by applause
from the Republican side.
.For, lack of ..something to do the
Senate will not meet until Thursday
afternoon and will then adjourn until
Monday. The upper body Is marking
time' on the House. The House will,
meet at noon tomorrow. !
The President's . message to both !
Houses was as follows:
To the Senate and House of Repre
sentatives: . ,
This message Is the first of several
which 1 shall send to congress during, i
the Interval between the opening oft
ment for the Christmas holidays. The
amount of Information to be commu
nicated as to the operations of the
government, the number of Important j
subjects calling for comment by the!
executive and the transmission to con-
gress of exhaustive reports of special
commissions make it impossible to In
clude In one message of a reasonable
length a discussion of the topics that'
ought to be brought to the attention,
of the national legislature at its first:
regular session.
The Anti -trust Law The Supreme!
Court Decisions. '
In May last the supreme court hand-!
ed down decisions in the suits in equl-:
ty brought by the United States to en
join the further, maintenance of the'
Standard Oil trust and of the Ameri
can Tobacco trust and to secure their
dissolution. The decisions are epoch
making and serve to advise the busi
ness world authoritatively - of the
scope and operation of the anti-trust
act of 1S90. The decisions do not de
part In any substantial way from the
previous decisions of the court in con
struing and applying this important
statute, but they clarify those dec!
6ions by further defining the already
admitted exceptions to the literal con
struction of the act By the decrees
they furnish a useful precedent as to
the proper method of dealing with the
capital and property of illegal trusts.
These decisions suggest the need and
wisdom of additional or supplemental
legislation to make it easier for the
entire business community to square
with vthe rule of action and legality
thus finally established and to pre
serve the benefit freedom and spur of
reasonable competition without loss of
real efficiency or progress.
No Change In the Rule of Decision,
Merely In Its Form of Expression.
The statute in Its first section de
clares to be Illegal "every contract
combination in the form of trust or
otherwise 'or conspiracy In restraint
of trade or commerce among the sev
eral states or with foreign nations"
and in the second declares guilty of a
misdemeanor "every person. who shall
monopolize or attempt to monopolize ;
or combine or conspire with any other i
person to monopolize any part of the 1
trade or commerce of the several states
or with foreign nations." ,
In two early cases, where the statute
was Invoked to enjoin a transporta
tion rate agreement between inter
state railroad companies, it was held
that it was bo defense to show that
the' agreement as to rates complained
1
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