Newspapers / Wilmington Morning Star (Wilmington, … / June 23, 1914, edition 1 / Page 1
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! . THE WEATHER rrsp ; t oral showers Tuesday: Wednesday probably fair; moderate shifting HAVE by a cmpaln of Wirt Advertis ing. . - -,- . ' w inas VOL. XOIT-KO. 84. WILHIGTO, N. CM TUliSBAT OBI :G filJ3ffS28 1914. WHOLE iNTJMBJB 13,675. N MORE VILLA IE PROD I ; t( i ST. LAWRENCE EFUL BF PEACE TO DEFEAT Mr JA FOWL STATEMENT COMES FROM BRYAN WASHINGTO GDNl IP SISt RUMBLINGS OF WAR REACH WHITE HOUSE COMMERCE COURTS ACTION REVERSED ."as-. j In Response to Criticism of Proposed Treaty DEFENDS THE CLAUSE Expressing "Sincere Regret" of the United States That Friendly Re lations Between Countries Had Been Marred. Washington, June 22-. Criticism of the proposed treaty to settle the dif ferences between the United States and Colombia over the separation of Panama brought a formal statement tonight from Secretary Bryan de fending the clause expressing "sin cere regret" on the part of the United States that anything should have oc curred to mar friendly relations be tween the two countries. The expres sion 'honest regret" Mr. Bryan said, was used in the memorandum drafted during the Taf t administration on which the present negotiations as well as those which previously had failed were based. Despite opposition in the Senate, Mr. Bryan was hopeful today that the treaty would be favorably reported and ratified. Members of the Foreign Relations committee said that cor respondence in the archives of the State Department bearing on the trea ty would reach the committee Wed nesday. It will be referred to a sub committee and probably wilf be made public. ' It is said this correspondence will show that one stae of the neotia tions with Colombia during the Taf t administration, the United States pro posed to submit the dispute to arbi tration with the knomledge that a verdict in favor of Colombia mould mean a judgment for at least $40,- 000,00 0. ' Bryan's Statement. Secretary Bryan's . statement fol lows:' "Article I of the treaty now before the Senate reads: 'The government of tbe-Umted "States-ofAmerica -wishing to put at rest all controversies and differences with the Republic of Colombia arisin out of the events from which the present situation on the Isthmus of Panama resulted, ex presses, in its own name and in the name of the people of the United States, sincere regret that anythini should have occurred to interrupt or to mar the relations of cordial friend ship that has so long subsisted be tween the two nations.' "'The government of the Republic of Colombia, in its own. name and in the name of the Colombian people ac cepts this declaration in the full as surance that every obstacle to the restoration of complete harmony be tween the two countries will thus dis- appear. - "In what Is known as the DuBois memorandum made during the Taft administration, which presented the basis upon wiiich he was authorized to negotiate a treaty the following language is used: - - " 'The government and the people of the United States honestly regret anything should have ever: occurred to mar, in any way the long and sin cere friendship that existed for near ly a century between Colombia and the United States and the latter country has for years, earnestly de sired to remove the ill feeling arous ed in Colombia-by the separation of Panama.' "I: will be seen from a comparison of the two paragraphs that they are identical in meaning and almost iden tical in language. In the -DuBois mem orandum, the United States 'honestly regrets' and in the pending treaty 'the government of the United States of America expressed in its own name and in the name of the people of the United States their sincere regret.' No Material Difference. 'There is no material difference , between 'honestly regrets'" and 'sin cerely regrets.' The pending treaty used the phrase 'to interrup or to mar' the DuBois memorandum uses the words 'to mar. The DuBois mem orandum describes the friendship formerly existing as 'sincere,' while the pending treaty describes it as 'cordial.' Both refer to the 'events of 1903'. The DuBois memorandum speaks of the 'ill feeling aroused in Colombia by the separation of Panama'; the rending treaty refers to 'the events from which the present situation on the Isthmus of Panama resulted.' ' In the pending treaty the govern ment of Colombia accepts this decla ration in the full assurance that even- obstacle to the restoration of the compitre v between the two countries Cill thus disappear while th DuBois memorarMum declares that the United States earnestly de red to remove the ill-feeling arous in Columbia by . the separation of Panama. ' This comparison is made to show tnar the two 'expressions of regret sf' in all essential particulars the same." DAYTON DENIES CHARGES. Nuse Judiciary Committee Receives Communication from Him. , Washington, June 22. Federal Jf!g5 Alston G. Dayton, of West Vir ginia, today sent to the House Judlc iav committee formal statement de nv;ng all charges recently made amst him by Representative Neely, or A'"st Virginia. The statement was 'M'orted by numerous affidavits. Rep resentative Neely has been asked to. appear before the committee tomor :; to state whether he has specific '--r nnation to support his demand for "-age Dayton's impeachment Since Announcement Came From Niagara Falls. REBEL PARTICIPATION United States Has Invited Carranza to Send Representatives to Niagara -Falls to Confer With Others Now in Conference. Washington, June 22. Officials of the "Washington government, whose hopes for peace in Mexico had been somewhat dampened by the. events of last week, were more hopeful . today when - the announcement came from Niagara Falls that the United'States had extended an invitation, to repre sentatives of the Mexican Constitu tionalists $o meet the American and Huerta delegates to the mediation con ference for an informal discussion of peace proposals. That the United States for some time had been exerting strong influ ence to bring the Constitutionalist Ieadrs in the mediation conference, on such a basis was not denied here. It was intimated that this influence had met with success, and that representa tives of the Constitutionalists soon would proceed to Niagara Falls- The announcement was reported hereV.to have been the culmination of prolong ed informal negotiations- by- the Wash ington administration . with General Carranza, General Villa and other Constitutionalist chieftains,: and con ferences here last week , by Dr. Romu lo S. Naon, the Argentine minister, with President Wilson, Secretary Bry an and Washington representatives of the Constitutionalists. Fernando Iglesias Calderon. Alfredo Breceda and Lebpoldo Hurtado Espin-i osa, who have started for Washington as representatives of the Constitution alist movement, it is believed here, will take charge of the proposed in formal negotiations, or at least direct the general policy with reference thereto. . . " Administration officials today indi cated that- the plan of averting an ab rupt en'd to mediation now presented would" be prophetic of results. They looked - for, prompt- responses from Constitutionalist leader,-- 'biit do :hot anticipate new developments in the actual proviisonal government plan to be devised until representatives of the United States and the warring Mexi can faction had deliberateed together for some time. WOULD If EVER FORGET Wilson Wants Lincoln High Way Through Washington. President Writes the Hed of Lincoln Highway Association Suggesting That Macadam Road Connect ' - Two Sections. Washington,. June 22. President Wilson expressed the wish today that the Mason and Dixon Line be forever forgotten. In a letter to H. B. Joy, of the Lincoln Highway Association, asking that the road run from Phila delphia to Gettysburg through Wash ington, the . President suggested that it would be a good means of further obliterating sectional feeling between the "North and the South. The President's letter was as fol lows: "I am sure that the entire country is interested to see to it that, there should no longer exist a North or a. South in this absolutely united coun try, which we all love, and that the imaginary Mason and Dixon's Line should be made once and for all a thing of the past, and as a small con tribution to that end, I earnestly sug gest that the Lincoln Highway Asso ciation should grant permission to place the official Lincoln Highway markers on the macadam roadway from Philadelphia to Washington through the properly selected streets of the latter city to the Lincoln mon ument, and from there through Fred erick, Md., to Gettysburg. "I am reliably informed that this route is. now, or will be in the very near future be a modern macadam roadway from Philadelphia to Gettys burg through Washington. The entire expense of the roads, I am informed, including officially marking the high way, will be defrayed Dy iocai mier- ests. 'Cordially and respectfully your3, VWOODKUW W1LSUJN. CONGRATULATORY TELEGRAM. Sent to King of Engliand by-President Wilson Former's Birthday. Washington, June 22. In recogni tion of the official celebration . of ' the birthday of King George, President Wilson today cent this congratulatory telegram toxthe British 'monarch: "I beg of your Majesty to accept my hearty felicitations on this birth day anniversary, and my best wishes for your continued happiness and well being. At the same time- I wish to convey to you the expression of . the good will which this government, and people bear to your great countray." MASON 10 DIXON LINE - - Will Fight His Way t6y exico City Regardless OF GENERAL CARRANZA Successful Leader of Constitutionalist Forces Plans to Fight Into the ' ''''ethy-After--'Fall)r of ' Zacatecas. ' : Eagle Pass, Texas, June 22. Gen eral Villa is determined to complete the absolute defeat of Huerta and fight his way at the head of his army into Mexico City, irrespective of ac tion Gen. Carranza may take, accord ing to reports Drought to the border today by travelers arriving from Tor reon and Monterey. These reports state that after Villa succeeds in oc cupying Zacatecas he will push on south at once without waiting for troop movements other than those un der his own direct control. At Saltillo it is reported that Gen. Trevino, chief of staff to Carranza, is shortly to be assigned to field duty and is to command a brigade in the attack on San Luis Potisi. Gen. Edu ardo Hay, who has been with Gen. Obregon's command on the west coast, is expected to succeed Trevino as chief of staff. This change, it is understood, is part of . the plan to heal the breach between Villa and Carranza. The re tirement of Juan Breceda, one of Car ranza's private secretaries, who left Saltillo a few days ago for Washing ton, and Isadro rabela, acting secre tary of foreign affairs, is also antici pated. It was said by arrivals from Tor reon that Major Fierro, of Gen. Villa's personal staff, went to Saltillo yester day, but the object of his mission was not known publicly. Major Fierro's name was closely connected with stories of the death of the Englishman William H. Ben ton, some months ago. GOLF TOURNAMENT BEING PLAYED AT ASHEVILLE For the Championship of. North . and . South Carolina Good Playing. Asheyille, N: C.f June 22. In Ihfe-ah? nual . tournament ot the Carolina Golf Associatibn fo rthe championship of North adn South Carolina play start ed today wl1,h an invitation tournament open tdboth' professionals and ama teurs. The honors were divided be tween C. T. Dunham, of - Charlotte, amateur, and the prof essional. from the same city, Tom Bdnnar. Dunham negotiated the 36 holes in 151 while Bonnar needed but a four on the second eighteenth to win the contest. He attempted a two on the home green, however,, overplayed and finally took five to hole out. Tomorrow starts the contest for the amateur championship of "the Caroli nas, and the entry list includes some of the best known golfers of the two States. Several teams 'are entered for the. Capers Memorial cup, and an in teresting feature of the tournament will be playing for the cup offered by Frank Presbrey, . well known amateur golfer, for the best "ringer" score of the tournament. KENTUCKY ANTI-TRUST LAW IS ANNULLED. Supreme Court Cites Harvester Case Opinion as Authority. Washington, June 22. The Ken tucky State law making it legal for farmers to pool their tobacco, today was annulled as unconstitutional by the Supreme Court. The decision" two weeks - ago in the International Har vester Company cases were cited as authority for the court's action. The conviction of Thomas Malone, another Kentucky tobacco grower who violated his pooling agreement, was In substance, the court found that as a result of the passage of the to bacco pooling act, Kentucky court had held that -the trust law of the State permitted any "combination that did not enhance or depress prices above or below the real value of ar ticles. The Supreme Court held it was be yond human- ingenuity to determine what was "real value" of an article under imaginary conditions. COLLECTOR WALKER TAYLOR . AT TREASURY DEPARTMENT To Get Acquainted With Officials and See About New Building. (Special Star Telegram.) Washington, D. C,, June 22. Col. Walker .Taylor, collector of customs, of Wilmington, spent . the day here. CoL Taylor called at the Treasury De partment where he conferred with: the officials at the head of his department:- ' . " - Col.. ' Taylor was also interested in seeing how the plans for the construc tion of- the new. Custom building" at. Wilmington are progressing. Repre-. sentative Godwin , and Senators Sim mons and Overman are doing all they can to hurry the matter along: ' Col. Taylor ' said his visit had no political- significance. , He otame to Washington, he said, for the most part, to get acquamted with the treas ury officials who have charge of the customs division.- -' - P. - R. A; - Washington, June 22 The House today passed- the Senate joint resolu tion appropriating 31,000 for, procur ing tiUe to land at Cape Henry, Vir ginia, for fortifications and coast de fense purposes. The resolution now goes to the -President- . r Have Not Indicatect ; on Map Where Wrecllw Is Captain Kendall and .the First Officer of the Collier Which Struck Em press of Ireland-' Disagree With Commission, -i. ; r Quebec, June " 22:-Tha. neither Capt. Kendall, of the - steamer Em press of. Ireland, nor, Alfred Tuftenes, first officer of the collier Starstad had indicated on maps the spot where a government commission claims the shattered hull of the liner now lies, was the most important point , of the testimony heard today by . Dominion Commission investigating the, collision between the vessels. This developed when Capt. Gagnon, of the Depart ment of Marines and' Fisheries, was called to establish' ther position of the hull. It developed that .Capt. Kendall had indicated the collision occurrest about a mile and a. quarter to the north of the spot where. the hull lies and that Tuftenes gave -a spot a few miles to the southeast. ? , w STANDARD OIL LOST VIGOROUSLY WAGED: FIGHT Against Government Regulation of Pipe Lines court Decision. Washington. June 22.-Standard Oil lost its vigorously wagediAght against government, regulation of its pipe lines today when the' -Siipreme Court upheld the validity of tjie :amtndment to the Hepburn rate law. which de clared oil pipe lines across State lines common carriers subject - to the auth ority -of the Inter-State . Commerce Commission. , J: -u. : The court exempted friim. the opera tion of the Act thee Uncle Sam Oil Company, an independent company, Chief Justice White "and'Justice Mc Kenna dissenting from, this action.. Justice McKenna'ateo- Tigbrously at tacked the constitutionality:, of the Act. 4'-?yr . Justice Holmes,. Jannouncing the ma jority's conclusion,, poitftijd out that the -Act was passed if$fit'elieve the country from the rnoEbly ' of - the Standard Oil Compant-a&a the mere fact that the Standa-f d! pipe lines owned all the oil it transports did not take it out of the cJass , of common carrieraii COBB WILL FIGURE IN A BIG DAMAGE SUIT. As the Result of Mis Melee With Butcher Clerk in Detroit. Detroit, Mich., June 22. -Tyrus R. Cobb, the famous outfielder of the Detroit American League -. baseball club, may e involved in a suit for damages on account of the utcher vshop melee with W. C. Carpenter Sat urday night. Cobb pointed a loaded revolver at Carpenter and then as saulted Harold Harding, an employe when the latter attempted to inter fere. Harding is 20 years old. Carpenter conferred with a local attorney today and said he was inclin ed to seek damages in a civil suit. It could not be learned whether any action would be taken on behalf of Harding. Cobb, in a signed statement, admit ted both charges. He said Carpenter had irlsulted Mrs. Cobb during an ar gument, over a purchase she had made at the utcher shop. He went to Car penter's place of business to demand an apology and declared he took an automatic revolver to protect himself if necessary. RAILROAD'S TITLE UPHELD. In Valuable . Land Deal Over Other Private Claimants. Washington, June 22. Title of trans-continental railroads to some $700,000,000 worth of petroleum land as against 'other private claimants, was upheld today by the Supreme court in a test suit brought by Edmund Burke, of California, against the Southern Pacific Railroad Company. At the same time Justice Van De Vanter, for the court, stated that seem ingly the government's vright to at tack the railroad's title for fraud or error had expired in 1900 or 1901. It was made plain, however, that the gov ernment's rights were not involved in the case, before the ,court, and there was no mention of the recent suit brought by the government against the Southern Pacific to regain the lands in question. Government officials, after the- deci sion, said they would press the suit. WOULD LIBERALIZE "STAR CHAMBER" FEATURES. Of Proseevitions Webb. Introduces Bill in Lower House. Washington, June 22. Representa tive Webb, of North Carolina, today introduced a bill to provide that per sons indicted or informed against for crimes and misdemeanors other than capital offenses shall be furnished copies of the indictment or informa tion at or before the time of arraign ment, or pleading. ' Names and ad dresses -of witnesses would also be furnished defendants at least one day before trial. Mr. Webb who" heads the Judiciary committee', to which the bill was re ferred, seeks to liberalize the "star chamber" features of prosecutions. PLEADS NOT GUILTY. Lawrence Robinson Claims He Did j v Not -Shoot Police, Inspector. Boston,' Mass.,. June 22. A plea of not guilty v-was entered by Lawrence Robinson, A alleged slayer of three jewelry store clerks at Grand Rapidsr Mich., when arraigned today charged with the murder of Police Inspector Thomas F. Norton. , ; ' v - Norton was shot and' killed, in a restaurant Friday evening as he was about to arfest Robinson. Informal Cenf erence, -Distinct From Mediation. PLANS NOW BEING MADE Those at Niagara Falls WIN Probably be in Position to Announce Pr - lonnerof Currants Jepr " ' sent at Ives Today. Niagara Falls, Ont., June 22. Through the invitation of the . United States government and the good of fices of the - three South American mediators, representatives of the two warring factions in Mexico the Con stitutionalists and the Huerta gov ernment soon will be brought face to face in an informal conference, dis tinct from the mediation proceedings. To save Mexico from further spolia tion and the possibility of a foreign war, the Constitutionalists apparent ly have been prevailed upon to meet their countrymen the Huerta dele-gates-'-in a conference whose Object shall be the ending of the Mexican civil strife. The belief is general that this plan stands an excellent chance of being carried to success if ' recent differences between Generals Villa.and Carranza are sufficiently composed to give guarantee that the Constitution alist delegation may work without em barrassment. . ' Arrangements for the meeting are in a formative state. The mediators and American and Huerta delegates, however, believe that by tomorrow or Wednesday, at the least, they will be able to announce not only the person nel of the Constitutionalist delega tion but the place of the meeting and its general purposes. ' The new plan has t buoyed the hopes of the princi pals to mediation. . The South American envoys discuss ed it briefly with the American dele gates today and later conferred with the Huerta delegates, who were asked formally if they would meet Constitu tionalist representatives. The Huerta delegates replied they were willing to , enter any conference with their countrymen which had for its, object the prevention of bloodshed and the destruction of property and sought to establish a national government on a firm basis' . . ' - The pla'n theetRatorlrTWYeHwetr'' out is to confine the formal mediation conferences to a consideration of in ternational questions; treating .' with the Huerta and American delegates on these , points. ." On- internaLques tions, the Huerta and Constitutional ist delegates . would 1 "expected to confer alone. They would discuss the names for the provisional presidency: while the mediators and American del egates would await - the outcomeof their efforts -before preparing a final protocol. . ' Fernando Iglesias Calderon is ex pected to head the Carranza delega tion. '-Although there was no official announcement here it was understood that General Carranza, through Luis Cabrera, his . Washington representa tive, had given his assent- to the 'plan Of ' holding the conference- separate from the mediation and that details were being worked out now by tele graph. - It is virtually certain that no armis tice would be declared by the Consti tutionalists until an agreement of a definite character is reached in the informal conferences as to the estab lishment of the provisional govern ment: On arriving at such an under standing, it would be-expected that a general suspension of hostilities would be proclaimed, and the Constitutional ist delegates then might be "formally admitted to the mediation proceedings for the signing . of the , final protocol, recording the solution of the differ ences between Mexico and the Unit ed' States. . SOME IMPORTANT DECISIONS. Handed Down by the Supreme Court in Session Yesterday. Washington, June 22 The (Supreme Court today reversed the Commerce. Court and upheld the inter-mountain rate order of , the Inter-State Com merce Commis'sion, the government's contention being sustained. ' ' The court affirmed the decree of the New York Federal court, holding organizations of Eastern States retail lumber, dealers had violated the, Sher man anti-trust law by circulating among their members lists, of whole salers who sold lumber direct to big consumers. v ; The Pipe Line Act of 1906, placing all inter-State oil pipe lines under Inter-State Commerce regulations, was upheld by the Supreme Court. The court held, however that the act is not applicable to the ' Uncle . Sam Oil Company. ' Trans-continental railways : won their fight for title - to seven hundred million dollars worth of -California oil lands -wrhen the 'Supreme- Court today held void the "clause in , the : patents making the land revert to" the 'govern ment if later found : to contain minerals.- s. . The .Supreme Court recessed until October - without announcing decisions in the Taft withdrawal of oil land case,'' the grandfather clause cases, the 'Nashville grain re-shipping case and several other cases. ' ' TRIAL OF RAINE POSTPONED, Memphis Bank President Who Misap propriated Over Million Dollars. v Memphis; Tenn. June 22. Trial - of O. Hunter Raine,'. former president of the Mercantile Bank; of this? city, who is charged with having misappropri ated"' $1,091,000 of the bank's funds, was '. toflay continued ' until?, the Fall term of Criminal Court, after i sixteen men nf a-sW.ia.1 venire had been ex- irained without securing a juror; Fifty veniremen ..were examined law wsk, but none qualified - - .-. - Turkey Protests; Against' Sale of Battleships. TO THE GREEK NATION Greece Claims That Purchase of American Vessels Will Prevent "War Between That Nation and Turkey. , . Washington, June' 22. With , the Turkish government formally protest ing against the proposed sale of .the American battleships Mississippi and Idaho to Greece, rumblings of war be tween Greece and Turkey were car ried today to the White House. Dip lomatic representatives of the two countries called1 on President Wilson within a few minutes of each other one to urge and the other to oppose the deal. Greece, takes the position that if she buys the vessels, the balance of power in the Mediterranean will be while Turkey claims peace best can be guaranteed-, by, the refusal of the United States to aid in augmenting her rival's naval force. President Wilson told callers, ear lier in the day. that he favored the sale of the battleships to Greece be cause it had been represented to him that such action would be in the in terest of peace. .He said that if he thought the vessels would be used in an immediate war he would not con sent to their sale. Before House Today. The question of the sale of the bat tleships will come up in the House tomorrow on a Senate amendment to the Naval Appropriation bill. Secre tary Daniels desires the $12,000,000 Greece is willing to pay for them to build a dreadnought and most Con gress leaders have been inclined to authorize the step. The new. Turkish ambassador, Rus-. tern Bey, called on the President os tensibly to present his credentials, and the Greek 'charge d'affaires, A. VOurous, presented -the new Greek naval" attache Commander Tsouklas. Both diplomats . tooic the opportunity, however, . to present their views .on the battleship controversy. ... The Greekcbarge later said the ac quisltioi$ f tfc- battleships "yrGreece was necessary to prevent, a war be tween Turkey and Greece,, which, oth erwise would be brought about by the Turkish seizure of adjacent Greek possessions. . ' HAS TURNED UP SAFE Captured Cuban Servant Now at Mexico City. Was Arrested by Mexican Federals and Carried to Mexican Federal Prison Tried and Acquit ted as American Spy. Mexico City, June 22: Gregorio Al carez, the Filipino servant of Cap tain Rush, of the United States battle ship Florida, for whorn the State De partment at Washington instituted a search, walked into the Brazilian le gation today -and " introduced himself to the minister. ; He; showed no signs Of ill-treatment. Alcarez said he "was released from the Santiago; military prison- June 9th when at the invitation of a fellow pris oner, a Mexican, he went to Tizapan, a few miles from the capital. He re mained there until today when he read a newspaper account of the search heinS made for him by the Mexican police. He then came, here immediately. He said he had no mon ey and had been unable, to -return to Vera Cruz. Alcarez said he left Vera' .Cruz May 6th to buy fruit for Capt. Rush. On passing the Mexican lines he was ar rested as . a , spy." He. did- "not reveal his connection with the United States navy. He was taken -to Paso Del Ma cho, then-transferred to Cordoba. The Filipino arrived in .Mexico City in custody on MaylQth and was con fined in the? .military barracks. On May 15th he was removed to Santia go prison. . . . Alcarez said he, was '.tried and ac quitted on a charge. . of . being an American spy. He- 11- leave Mexico City tomorrow for Vera CpiZ. ; FURTHER : REBEL. ;AcrrVlTtES. , .-. ., . 1 ' V"".'-: In Santo Domingo and Haiti 'Cabled to Navy Department -Last Night. Washington "June .22.-News of fur ther rebel activities- trt Santa- Domingo and Haiti was cabled to the Navy De partment, tonight try .Captain -Russell, of -the battleship South .Carolina. A British subject, & woman-employed at the home; of, the manager, of the elec tric r light: comRahx. 'died today after being-t-ruckby& bullet- during the fighting Between: -.President Bordas forces and the revolutionists attacking the Dominican qapital. , ." . Mariy Americans are preparing to leave the besieged city the dispatch said; v ' ' - , ' : . Captain Russell said it was reported the Haitien "minister of - war, at the head of the government ' forces, had been defeated by the- rebels in the South.- . --- - .,: GRGORO ALGAREZ And Inter-State Commission'! Order is Upheld. BY THE SUPRfeME COURT Court First : Decided That the Long and Short Haul Clause Is Con stitutional So-called Inter . Mountain Case , . . fc Washington, June 22.-The Inter state Commerce Commission's so-called inter-mountain rate orders were sustained as valid today by the Su preme court which held, at . the same time, that the long and short haul clause of the Inter-State Commerce law was constitutional. Both had been attacked by trans-continental rail roads. ' The defunct commerce court, pass ing over the constitutional question had annulled the orders on the ground that the commission had no authority to issue "blanket" or "zone" order and might act only on the reasonable ness of specific rates. - , In overturning that contention to-' day and holding that the commission did not have that power, the Supremi court decided a point that lawyers and close observers of the Inter-State Commerce Commission's procedure sy it is of equal importance to the, inteis mountain rate case itself if not great er. . . . -V j Opposition to the five per cent, in crease in freight, rates being asked by the Eastern railroads and oa wnich the Inter-State Commerce Com mission ls. expected to announce iti decision any day had been based principally on the contention that the" commission did . not have authority under the law to grant such a "blan ket" increase. ' Effect Not Limited. . . What the effect if any of the deck sion on the rate case may be, only can be the subject of conjecture. Some among the well informed in the com-, mission's procedure, however, say the decision in the disposition of the rail road's application has been delayed awaiting the Supreme court's decision on that point. .As a, result of the decision all dis cus sion removed as .to the com-, mission's right not to passe on the reasonableness' of a-dower: -.rate-. for; a haul' to a more distant city than to a nearer., one in -the same direction. It recognizes the commission's pow er to fix such rates by -zones as dis tinguished from taking up the condi tions surrounding each point "of ship ment in the United States. Chief Justice White announced the unanimous decision of the court. : The inter-mountain rate- ordera were issued in June and July, 1911 by the Inter-State Commerce Commis sion under authority of the "long and short haul, section" of the Inter-Sate Commerce' act, which clothed the com mission with discretion to make ex ceptions to -the general rule, laid down in the law that railroads should not charge more for a short haul than for ,a longer haul in the same direc; tion and over the same lines or routes. . Practically all the railroads tra versing the inter-mountain region of the West applied to the commission to have exceptions made so that- a higher rate could be cnarged on ship-; ments from the East to: inter-moun tain cities, such as Spokane, Wash., Reno, Nev., and Phoenix, Ariz. ? The rates to these cities from points east of .the rockies had for years been made by adding the through rate -to the Pacific coast and the local rate from the Pacific back to the interior city. Rebelled Against Monopoly. 4 The inter-mountain points rebelled against what they claimed was a. mo nopoly given to the Pacific coast cit ies of , the trade at all point sfrom the coast back to the very doors of the inter-mountaln cities. . The chief justice next upheld the making of rates by the commission by zones. . "The zones selected by the commis sion were in substance the same aa those previously fixed by the carriers as the basis of the rate making which was included in the tariffs which were under investigation and therefore we may put that subject out of view. . "Indeed except as- to questions of power there is no contention in the argument as to- the inequality of the zones .of. percentages or as, to any undue preference or discrimination re sulting from the action taken. But be It as it may in view of the. find ings of the commission as to the sys tem 'of- rates prevailing the tariffs which were before, it or the lnequalk ties or the burdens it engendered by such .system of the possible aggranize ment unnaturally beyond the limits produced by competition in favor of the competitive .points and against other points by the tariff in question f acts which we. accept and which in deed . are : unchallenged, we see no ground for saying that the order wae not sustained by the, facts dpon which it was based or that it exceeded the powers which the statute conferred or transcended the limits of the sound legal' discretion which it lodged in the commission, when acting upon the subject before it." Justice White's Decision. - . On the constitutionality; of the long, and short haul clause, Chief Justice White said: "It is certain that the fundamental i change which it makes is the omission of the substantially similar . circirm--stances and conditions clause, there by leaving the long and short haul clause in a sense unequalified except in so far as the section gives the right to the carrier; to apply to the com mission fof authority 'ti-charge less for longer than for shorter distance for the transportation of persons ot property and gives the commission (Continued on Page Eight) 1 1 --' t 1 4 - : ;- J ... 4 ' ! s -
Wilmington Morning Star (Wilmington, N.C.)
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June 23, 1914, edition 1
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