Newspapers / The Asheville Times (Asheville, … / Jan. 7, 1910, edition 1 / Page 1
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THE ASSOCIATED PRESS DISPATCHES LAST EDITION. 4:00 P.M. Weatter a oreca&tr : Colder; Fair. VOiS - Nf-. 285. ASHEVILLE, N. 0., FRIDAY AFTERNOON, JANUARY 7, 1910. Sc PER COPY MESSAGE OF A LAWYER IS SENT TO CONGRESS SMI A Ssf III' iA II r y j&vj,. n i Mil r zu L it if n v it n 1 1 i i li ft v iv ii w ii J. n v ii 11 n 1 KiTvrcY7rT II II IT' V Vl II II Ik III II I X.-' W V llNI . Ik II 11 V 11 IIIIIIVVAw .--. . " , 1 1 i 11 1 " 1 Proposed Changes of Commerce Law, and the Establishment of a Commerce Court MR. TAFTiT IDEAS ON SHERMAN LAW Wisdom of Federal Industrial Companies Is Suggested. (Washington, . Jan. 7. President Tnl t's special message to congress recommending amendments to the in terstate commerce and antitrust laws whs laid before the house of repre sentatives today .immediately after the body convened. . During the read? Inn of the document members upon both republican and democratic sides followed the clerk closely. Copies of the message were laid on the desk of earn representative and the interest attracted was indicated by the fact that unusual silence prevailed for three-quarters of an hour, required for the reading. Representative Townwnd of Michigan, among the most attentive listeners, was under stood to have in possession the ad ministration bill amending the inter state commerce law In accofi unce with the recommendations 01' the president contained in . the special messaKe. The measure will be intro duced Monday. When the reading was concluded It was referred by the speaker to appropriate committees." The message was as follows: To the Senate and House of Repre sentatives: I withheld from my annual message a rtlseusBion of needed legislation un der the authority which congress has to regulate commerce between th states and with foreign countries and wanfrt that J wouUi brUis; this sabjec matter to your attention 1ater"lit the session. Accordingly, , I beg to sub mit to you certain recommendations ns to the amendments to the interstate commerce law and certain considera tions arising out of the operations of : the antitrust law suggesting the wis dom ot federnl Incorporation of indus trial companies. InliTHlatp Commerce Law. Tn the annual report of the Inter state Commerce commission for the year 1908 attention is called to the fac that between July 1, l0g, and the close of that year sixteen suits had been begun to set aside orders of the commission (besides one commenced before that date), and that few or ders of much consequence had been permitted to go without protest; that the questions presented by these vari ous suits were fundamental, as the constitutions My of the act itself was In issue, and the right of congress to delegate to any tribunal authority to establish an Interstate rate was da llied; but that perhaps the most seri ous practical question raised concern ed the extent of the right of the courts to review the orders of the commis sion; and It was pointed out that If the contention of the carriers In this latter respect alone were sustained, hut little progress had been made In the Hepburn act toward the effect Ve regulation of Interstate transportation charges. In twelve of the cases re ferred o, It was stated, preliminary Injunctions were prayer for, being granted In six and refused in six. "It has from the first been well un derstood," says the commission, "that the success of the present act as a regulating measure depended largely upon the facility with which tempo rary injunctions could be obtained. If a railroad company, by mere allega tion In Its bill of complaint, supported by ex parte affidavits, can overturn the result of days of patient Investiga tion, no very satisfactory result can be expected. The railroad loses nothing by. these proceedings, since If they fall it can only be required to estab lish the rate and to pay to shippers the difference between the higher rate collected and the rate which' Is finally held to be reasonable. In point of fact It usually profits, because It can sel dom be required to return more than a tract' n of the excess charges col lecled." In Its report for the year.l0 the commission shows that of the seven' teen cases referred to In Its 1(08 re port, only one had been decided In the Supreme Court of the United Ktntes. although Ave other cases had been argued and submitted to that tribunal In October, 190. Of course, every carrier affected by an order of the commission has I ' constitutional right to appeal to a fed era! court to protect It from the en forcement of an order which It may show to be prima facie covflscatory or unjustly discriminatory In !' effect; end as this application may ta-majj to a court In sny district of the United States, not only does delay result In the enforcement of the order, but Rreat uncertainty Is caused by con trariety of decision. Tho questions presented by these applications are too often technical In their character and require a knowledge of the business and the mastery of a great volume of conflicting evidence which Is tedious to examine and troublesome to com Prehend. It would not be pruper to attempt to deprive any corporation of the right to the review by a rourt of any order or d-rea which, if undls tiirl" l. won!. I r.b it f re-i- hi- T-lnr , , , i , ; . .,, : I .i ' ! I I.-. Incorporation of Justly discriminate against It and In fnvnr of other enrriers similarly sit uated. What. Is, howevti', of supreme Importance Is that the decision of such questions shall be as speedy as the nature of the circumstances will ad mlt, and that a uniformity of decision be secured so as to bring about an effective, systematic, and scientific en forcement of the commerce law, rath er than conflicting decisions and un certainty of final ret.ulU For this purpose I recommend tho establishment of a court of the United States composed of five Judges d Jig ntited for such purpose from among tne circuit Judges of the United States. to be unknown as the "United States Court of Commerce," which court shall be clothed with exclusive original Ju risdiction over tho following classes of cases: (1) All cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty, or by Infliction of criminal punish ment, of any order of the Interstate Commerce commission other than for the payment of money. Z) All cases brought to enjoin, set aside, annul or suspend any order or requirement of the Interstate Com merce commission (3) All such cases as under section 3 of the act of February 19. 103, knpwn as the.."Elklns Act," are au (honlxod to "be maintained. in a pImmviA court of the United States. ..jl- .... . I (4) All such mandamus proceed Ings as under the provisions of sec tlon 20 or section 23 of the Interstate commerce law are authored to be muintainea in a circuit court of the United States. Reasons precisely analogous to those which induced the congress to create the Court of Customs Appeals by the provisions In the tariff act of August 6, 1808, may be urged in support of the creation ot the Com merce court. I In order to provide a sufficient number of Judges to enable this court to be constituted, It will be necessary to authorize the appointment of five additional circuit Judges, who, for the purposes of appointment, might be distributed to those circuits where there Is at the present time the largest volume of business, such as the sec ond, third, fourth, seventh, and eighth circuits. The act should empower the chief Justice at any time when the business of the Court of Commerce does not require the services of all the Judges to reassign the Judges de signated to that court to the circuits to which they respectively belong; and It should also provide for pay ment to such Judges while sitting by Ignment In the Court of Commerce of such additional amount as Is neces sary to bring their annual compensa tion up to $10,000. The regular sessions of such court should be held at the capital, but It should be empowered to hold sessions in different parts 'of the United States If found desirable; and Its orders and Judgments should be made final, sub ject only to review by the Supreme Court of the United States, with the provision that the operation of the decree appealed from shall not be stayed unless the Supreme court shall so order. The Commerce court should be empowered In its discretion to re strain or suspend the operation of an order of the Interstate Commerce (Continued on page2.) OF YEARS, IN CHICAGO Five Degrees Below Zero ThereCold Wave Covers Wide Area of Country. i Chicago, Jan. 7. Chicago expert' enced the coldest weather In several years today. The thermometer regli tered Ave degrees below sero this morning. In Tennessee and Kentucky . the coldest weather In many years la re ported, Freeslng temperature pre vailed as far aouth as the Gulf of Mex Ico, and as far east In the southern oountry as the Apalachlcola river. In Florida. . - , Funeral Committee Will Not Go. Washington, Jan. T. The congres. alonal committee named to attend the funeral of It-presentatlve OHkks of . ..r ia will nnt tin to flenrgla, as the ( It.) !,! I the , funeral I ( DENY THEY'VE F HEISSJD WAITER Police Are Still Searching for Miss De Janon and Ferdinand Cohen. V i'hlladelphln, Jan. 7. Every one connected with the search for Rober ta B. De Janon, the heiress, who dis appeared with Ferdinand Cohen. waiter, today denied the report that the girl had been found. Robert Bulst, the wealthy grandfather of the mis sing girl, Henry F. Walton, his at itorney, and the police officials Issued denials of the report, which had gain ed wide circulation. The police are still running out clues which they believe will lead to the finding of the missing couple. Philadelphia, Jan. 7. Rumors are still afloat that Roberta B. DeJanon the young heiress who disappeared from the city tho same time Ferdinand Cohen, the hotel waiter, dropped from sight, has been found and taken to a quiet place away -from the scene of the alleged escapade. WILL SPEND WOO S If Plan Recommended by War Depart ment Is Adopted Augusta Will Give Half of It , Washington, Jan. 7. A quarter-mll-llon-dollar Improvement of the Savan nah river at Augusta, the cost to be evenly divided between Ithe , federal development and the Georgia city. Is Feenmmnrif tn eniOToa4 tmlav K Vi -' """'mm. Where Augusta rests on the Savan nah's banks the river slope changes from a steep to a gradual Incline, sub jecting that section to destructive freshets with constant erosion, esti mated to have carried away half a million cubic feet of material from the river bank along the city front since August. WRECK REPORTED; DETAILS ARE LACKING Wires Out of Commission on Account of Storm, Cars Are Stopped by a Heavy Snowfall. 1 Erie, Pa., Jan. 7. Passenger train No. 23, westbound, on the Lake Shore railroad, la reported to have run into work train near Northeast Penn sylvania today. Details are meager. It Is reported that three persons were killed out right and that a number were In jured. Wire communication with the scene ot the wreck Is out of commis sion qn account of the storm. Sur face cars are unable to get to the scene, owing to a heavy snowstorm. XK.R 40OO FEKT ALTITUDE REACHED BY HUBERT LATHAM French Aviator Made a Five Minutes Spectacular Flight at Moor melon. Mourmelon, France, Jan. 7. During a 40 minutes' spectacular flight today Hubert Lstham, the French aviator, attained t altitude estimated at 4000 feet. Conference on Fortifications. Norfolk, Jan. 7. Mayors and rep resentatives of cities Interested In the fortification of the Virginia capes for adequate protection of the cities reached through) the Chesapeake bay, Hampton Reads and tributaries, will hold a conference In Norfolk Janu ary. 26. .. Funeral of Ctoiujrreesman Griggs. Dawson, Oa.. Jan, 7. The funeral of Congressman James M. Orlggs will be held this afternoon. At the re quest of the family there were no congressional formalities. Speaker Cannon sent a telegram of condolence. expressing warm admiration for the latf congressman,. , Would Let Forest Service Out. Washington, Jan. ; 7. Representa tive Fltsgerald of New Tork has of fered In the house an amendment to the Joint resolution providing for In vestigation of the Interior department and the forest services, eliminating the foreat service from the Inquiry, To Control Gas. Huntington, W. Va., Jan. T. A deal Involving two hundred million dollars, hy which New York csp'ta! will con tn tl.e entire p:is output for Vef Vhkui'.i, I i!i 'lhii,.)' ,l)eert ci".M i The New York Herald and The Gazette-News. IFpiit - ' - mpresslon Prevails That He Will Be Dismissed for Vio lating Recent Execu tive Order. INCHOT VViiOTE LETTER TO SENATOR DOLLIVER Upheld Ballinger Criticisms, and Said President Was Mistaken as to the Facts. lltstltltKltKK t Washington, Jan. T. A sec- K ond meeting ot the cabinet t will be held this afternoon to further consider action to be taken In Plnchot's case. t at KltltftRKItltftKKtt Washington, Jan. 7. When today's cabinet session began at the White House there was an Indication that the measure of punishment to be meted out to Uifford Plnchot, the government forester, was to be the chief subject of discussion by the president with his advisers. Mr. Plnchot's letter to Senator Dol- Itver, read In the senate yesterday, which constituted a violation of the executive order Issued by the presi dent some time ago, forbidding sub ordinates In the government employ furnishing Information to congress ex cept through heads of departments, was taken into the cabinet meeting, along with statements by Associate Forester Price and Law Officer Bhaw of the forestry bureau, who, by Pln chot's own statement, were directed to assist U R. Gravis In the prepara tion of charges agalnat Secretary Bal linger. Congressional callers discussed the Incident with tha president prior to the cabinet session, Among some of them tha Impression prevailed that Plnchot would be dismissed. , The Letter. In' an . unexpected manner the Balllnger-Plnchot controversy was made doubly Intense by the reading In the senate of the let' ter addressed by Mr. Plnchot to Sen ator Dolllver in which the course adopted by L. R. Glavis with the as sistance or Messrs. Price and Bhaw of the bursas of forestry, was warmly approved. In thla communication the chief forester not enly upheld the criticisms of Secretary Ballinger but suggested that the president himself had been mistaken In the facts when he removed Mr. Glavis from the pub lic, service. A Rise Out ot Hale. Mr. Plnchot's letter called Senator Hale to his feet with a severe rebuke to the chief forester for having lg' nored a recent order by the president directing that no aubordlnate officer should give out Information concern Ing affairs, of the government except to Ms ""rir of Tr " i ti,!a i-,. i 1 nt. Pen.ifor ( ' t '.- : H ' O n THE MOUNTAIN IN THE WAY BAGGAGEMAN IS KILLED III FIGHT Railroad Man Is Attacked in Michigan Town by Three Robbers Early Today. Ypsllantt, Mich., Jan. 7. The bag gage man at the Michigan Central depot was killed in a fight with rob bers here today. One of the robbers was taken to the hospital, badly wounded. Two robbers escaped, one being wounded. STRIKING WAIST MAKERS HAVE FOl'M NEW CHAMPION Mrs. Riddle. Society Leader, Says Slie Will Help to End the Strike by Arbitration. Philadelphia, Jan. 7. The striking shirtwaist makers of this city found a champion today, when Mrs. George Riddle, a society leader, announced the Intention of Interesting herself In the movement to end the strike, by arbi tration. Mrs. Diddle appeared In police court and entered bail for a girl striker ar rested for a minor offense. The Idaho Moated. Philadelphia, Jan. 7. The battle ship Idaho, which wna floated last night, after being aground In Dela ware river ten hours, today proceeded to Sandy Hook. A Fatal Fire. Pittsburg, Jan. 7. Two persons were killed and twelve others rescued from death today, during a fire which destroyed a frame dwelling house oc cupied by three families of foreigners. An Absolute Richmond, Jan. 7. Petitions for th absolute pardon of Charles W, Morse, the New York financier, now serving a sentence of IS years In the Federal penitentiary at Atlanta, for violation of the national banking laws, are be Earl Thompson Is Hanged; Judicial Promise Fulfilled Willlamstown, Ky., Jan. 7. Earl Thompson, a negro, was hanged this morning In fulfillment of a Judicial promts made to a mob bent on lynch Poor Man Is Hogs Bring War Prices Chicago, Jan. 7. The ti hog arriv ed today at the Vnlon Stock yards. 1 is coming nifi'rkcfl tin epoch. In high ices (or Ihs. Kxcept for a short s E IS AsjAnother Result of Fire In St Louis Hotels Guests Were Driven into the Streets. St. Ixiuls, Jan. 7. One fireman burned to death, six others injured. several women overcome by smoke and two hundred hotel truests were driven Into the streets with the tem perature near zero this morning, when fire broke out under the Cambridge and Barnum hotels, of St. Charles streets. In the heart of the business district. The loss was $100,000. MRS. 8. Ii. GARMNGTOV DIED TODAY IN NEWBERRY Washington, Jan. 7. Word was received in Washington today that Mrs. Sally Lark darlington, widow of Major Albert C. Garllngton, C. S. A., and mother of General Ernest A. Garllngton, Inspector general of the United States army, had died this morning at the home of her daughter, Mrs. William Y. Fair, of Newberry, S. C. She was 82 years of age. General Garllnston left Washington to attend the funeral today. Sails for Hampton Hoods. New York. Jan. 7. The third dl vision of the Atlanta battleship fleet, under command of Rear Admiral Schroder, sailed today for Hampton Roads. Oil Gore Down. New York. Jan. 7. The Standard Oil company today announced a re ductlon of fifteen cents a barrel In the prices of reilned oil. Pardon FIREMAN BURNED TO Ut Is Sought for Morse ing circulated by friends and kins. men of Morse here. They were sent by Mrs. Morse and Morse's secretary. Morses grandmother was Miss Vlr glnia Roberts of Chesterfield county. The petition states hat Morse's viola tion of law was orfly technical. ing him three weeks ago. On that occasion Judge Carmack left the court room to harangue the lynchers, and declared he would sentence Thompson to death If found guilty. Smitten; period In 18S2, when prices resched It. 31 per hundred weight, the ti h has hut been seen here ilnce the civ war. E GOT ureau Statistics Made Public in Washington, Showing the Value of Things Sold Abroad. BREADSTUFFS ARE THE SECOND IN THE LIST Cotton Is King in Agricultural Group, This Bringing an Unthink able Amount of Dollars.1 Washington, Jan. 7. Nine billion dollars' worth of agricultural products were exported from the United States during the last ten years, according to bureau statistics. Cotton, the largest item In the agricultural group, shows a total exportation during the decade of 3,651 million dollars. Breadstuff, are the second on the list, while meat and dairy products constitute the third largest class. During the past fiscal year Europe took 2b million dollars' worth ot American tobacco out of a total export of 31 million. For American cotton, Europe Is also the largest foreign mar ket, taking nine-tenths of the eotton exports. STRADA MAY MAKE The State Department Has Little Defi nite Information from Nicaragua. Washington, Jan. 7. No advices of consequence from Nicaragua have come to the state department during the last two days. Estrada and the government forces are supposed to be marching toward each other, with the probability of a collision taking place at Acoyapo. It la possible, however. that Estrada will make a detour to Qreytown. with a view of capturing )he city before proceeding westward, The government force at Qreytown Is not thought of sufficient strength to make a decided stand against the revolutionists, Tne American gun boats on the Atlantic coast are gath ering In the vicinity of Qreytown.' This Indicates that American officers believe that Qreytown may be the sceen of activity. : The Tacoma has started to Qrey town, and the Marietta la on the way to Port Llmon. TVK WF.ATHFRi ForeenM until S p. AHhevllle anrl vl. ii -lay f .r if si.l DTTDN EXPORTS
The Asheville Times (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 7, 1910, edition 1
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