hMi: .k
4:C0 P. II.
Weather Forecast:.
. Fair and Wanner. ,
A ... - J
VOL XVI. NO. 257.
ASHEVILLE, N. C, TUESDAY ArrsSNOON, D ECSMBER 5, 1911.
3c PES COPY ,
v,';
THE MNAMAiXAS
ARE
James B. Gets Life's
son-
ment and John J. FtfuCxl
Years in San Quentin.
NO ONE IMPLICATED
.BY BRIEF CONFESSION
Younger Brother Writes of
Placing Suit-Case Contain
. tag Dynamite in the
, Times Building
Los Angeles, Dec. 5. Judge
Bordwell : today sentenced
James B. McNamara to life im
prisonment and John1 J. Mc
Namara to 15 years imprison
ment in San : Quentin prison,
the former for murder in con
nection with the Los Angeles
Times dynamiting, and the.oth
er for complicity in the dy
namiting of the LewelfynIfon
Worka. ; ".,
Court opened at 10 :23 o 'clock
and Judge Bordwell ,: mounted
the bench. A moment later At
torney Darrow. chief counsel
for the defendants, followed
by Le Comte Davis and Joseph
Scott, isntered. Behind them
trailed the McNamaras. a ;
"Are you ready to proceed!"
hstaxl the judge. . '1 '..j
"The state is," said District
Attorney Fredericks,- and read
James B. McNamara 's confes:
sion amid absoltua silence.'.
- . "Is tli.nt.f?atpraentcoiT8ctf "
usked Bordwell. v, ; ;:
"It is," said J. U. McJMa
mara. ; - ''.. ..... .
"Then the court finds,'? said
Judge Bordwdll, "that the de
gree of guilt of the defendant
is buirier in the first degree.
James B. McNamara, you may
stand up, ' '.
."What is your full name!"
asked the court., V
"James Boyd McNamara,"
said the prisoner.
The court then began a for
mal statement, reading the in
dictment, for the murder of
Charles J. Haggerty, upon
which McNamara had pleaded
guilty and asked McNamara if
lie had any statement to make.
"I have not," he said. " , v
' "Have you anything to
say!" the court asked Fred
ericks.. : '
"There has been no dicker
ing or bargaining in this mat-
tar," Fredericks said'. "Coun
sel on the other side are well
pware of the usual custom of
ranting clemency to, persons
pleading guilty. This defend
ant by so pleading has settled
for all time a question which
otherwise would always have
been in doubt.' He saves the
state great expeniitures and
has served the 6tate in other
ways." -
"Th defendautwill arise," aakl the
Judge. , '
i lie commented upon McNamara'
declaration thut he did not Intend to
destroy life. "Th circumstance ar
agalnat that statement." '
A Murderer at Heart.
Judge Bordwell continued:
' A man who will place II atlcka of
dynamite In place where you aa a
printer knew gas was burning In
many place, and knew that mony
were tolling there, mut have had no
regard lor life, muiit have been a
murderer at heart and undeserving of
clemency."
For reason oilier' than uch a plea
f non-Intent, Jude Horilwell declar
ed, ha would Impose a penalty of Im
rrlooiiincnt for life. John J. Mc
Namara came next. The Llewellyn
Iron Uoiks Indictment, wm read to
him. He hail nothing to any. l'is
trlct Attorney lordyce said that "
In the otiii-r lime, the plea of itullty
pern itted cot,.i.lc, atlnn, hut he plead
ed thut the defendant. John J. Mc
Naniara. W am-n a few year of free
dom at U, 1 of hi" life."
1 h i .1 i - .!,..-:;, red that the
1un h .!:'.. It. ll( Naomi
v "AouM (, . ; 1 , J. mi. ( ' . l . C II ' V .
he : ii., f i '
lit I , i , In:.
V. 1
SENTENCED
taken from the court room back to
jail. There counsel left the room al
most Immediately and the crowd filed
out laughing and chatting. Judge
Bordwell also left at once, retiring to
his chamber. , (
Conrcaakm Made Public. : .
James B. McNamara' brief confes
sion, penned by hi own hand late yes
terday, .was made public today. It
reads aa follow: . . i .
"I, tamo XL Mcrvamara, defendant
In the case of the people, having here
tofore pleaded guilty 4d the crime of
iuurder, dtwlw to make tlUa statement
of facts and tills Is the truth. On the
night of September 13, 1910, at 5:45
p. m., I placed In Ink alley, portion
of the Times building, a suit-case con-
talnlng 1 sticks of 80 per cent, dyna
mite, set to explode at 1 o'clock the
next morning. It was my Intention to
Injure the building and scare the own
ers. I did 'not Intend to take the life
of anyone.' . I sincerely regret that
these unfortunate men lost their lives.
If giving my life -vmld bring them
back, I would gladly give it. In fact,
In pleading guilty to murder In the
first degree, 'I have placed my life In
the hands of the state. '
(Signed) "JAMES B. McNAMARA."
McNamara's confession cover one
side of an ordinary sheet of paper and .
was written with a fountain pen, sup- j
piled by one of hi attorneys. It Is
probably the only written statement of j
tlie case that will ever be made by the
writer or hi brother, John J. McNa
mara, who pleaded ullty to dynamit
ing the Llewellyn Imi worka -Confession
Only Partial, Says Burns.
Cleveland, Dec. 6.-"-Shown James
B. McNamara' confession of the Los
Angelea Times dynamiting this morn
ing, Detective William J. Burn de
clared It only part of the truth.
"Why dceon't Jim .McNamara tell
how he knocked off the gas cocks and
flonded with .gas the place where the
suU.-4-ase Oiled, with dynamite .was
put?" lie asked. "If he had told that, j
then could be have convinced any one
that he did not intend the entire de
struction of the Times building and
It occupants?"
Charge $1000 a Month Fund for Py-
namlters. .-. ,.-.1
Cleveland, Dec B. "It Is perfectly j
true that the executive council of the
Iron Worker union voted a monthly '
fuml nf Cinnfl in ha nnlri r tnhn J '
McNamara. - There I evidence to sub- '
stantlate tho charge Jhat this money
was knowinKl.v . yota for the purpose'
of paying it to James B, McNamara
and Ortle WcMnnKlu and that It was'
used by them in their dynamiting op
erations." Y '
Tbia wr the statement made by
Detective William 1. Burns, who ar- .
rived here from Akron, O. - That he i
was going after men "higher up" and
a criticism of President 8amuel Oom-
per of th - American Federation of
Labor were points emphatically em
phaslxed by Mr. Burns. , Mr. Burns
spent the day In Akron Investigating
the explosion at the Berger Iron Works
In July, 110. - .
"We are going after the men back
of the McNamaras," said Burns, "and
the investigation will be pushed until
we bring to Justice the men, really re
sponsible for the dynamiting outrages
over the country. ' ' ,
"I have lately come from Indianap
olis where I conferred with United
States District Attorney Charles W.
Miller. Enough evidence will be
brought before the grand jury at Its
-meeting there December 14 to cause a
number of Indictment. When Samuel
Oomper says that h was deceived In
the McNamara he I uttering a lot of
drivel and bnnoombe. It 1 Oomper
who Is fooling organised labor far he
knew that McNamara were guilty and
yet after w had arrested them he sat
In conference with tliem."
After spending all of today In Cleve
land Investigating the dynamiting j
cases, Mr. Burns will leave for New
York there to continue his work. 11
said the Investigation would be pushed
in New York, Boston, Chicago, Indian- j
apolls, Cleveland and elsewhere and
would be thorough.
lie declined to give out any details
as to his present or future plans, sim
ply saying that the dragnet would bo
drawn tightly and was expected to
enmesh the ringleaders of th dyna
miting outrages.
"Have you any fears of personal vi
olence," Mr. Burns was aaked.
"None In the least," he said. "Or
ganized labor I my friend."
liomiwr to Kare Kocorda.
New York, Doc. 6. Samuel dum
pers was asked last night to what ex
tent he American federation of La
bor, of which he Is president, will
aid In further investigation by th
government of labor troubles. "Our
books and atich records a we have
will be open to the federal grand Jury
InVestlKating committee or any re
sponsible person of decent character
and Integrity. We have nothing to
withhold." he replied.
"Would this offer include the books
and records showing4 moijey received
and paid out and for what purposes?"
a reporter asked.
Mr. Oomper replied with ome
heat: "I tried to make my statement
uh specific and accurute as pos
sible." Asked If he knew wh"l")er he wat
under surveillance, Mr. Compere an
swered: "1 know I mil. Two of
Item's men have been following m?
ulnce my arrival In Nei(' Vork lust
I !uurfiRv niKi'i. i ko aiu come open
ly a ml 1 have nothing to conceal 1
intend to remain here until Tuesday
and then go to Wanhlnnton."
Mr. (loinpers mitdrt a ponltlvo de
nial of a siatt'inent credited to De
tective William J. I urns that Clar-
erne K I ttn-i-w V ) !.ht St the
coti.'f nre hi in-: -r '; n In June
"It is i t.'t..,y t - : he r. I, "t ' !-
n . : t i : r i ' i i i .
S1J0 SPEOT
FOi ffEll
Attorney Darrow's !Fee in
M'Namara Case Not Less
; 1 Then $50,000, Says .
Morrison.
MONEY STILL POURING
INTO THE COMMITTEE
Funds Received After ' Guilty
Pleas Were Made Will Be
Returned to Con
tributors. New Ifork, Dec. 6. Not loss than
150,000 was the fee received by At
torney Darrow for hi service In de
fending the McNamara brother in the
dynamiting case, according to a de
claration made here today by Frank
Morrison, secretary of the American
Federation of Labor and custodian of
the McNamara defense fund.
Morrison said that notwithstanding
the McNamara brothors plea of guil
ty, money for their defense was still
pourlnt In. These receipts represented
subsQ'. ii.ion made, before the pleas
were ; ftered. Morrison and other
members of the federation' way and
mean committee, having charge of
the fund, meet tomorrow in Washing
ton to discuss the case, especially from
financial viewpoints. . j .
Frank M. Ryan, president of the
International Bridge and Structural'
Iron workers, will attend the confer-'
efico. :..''-
300,000 Sent for Defense. '
Morrison said thai over $200,000
was subscribed and practically all was
sent to attorneys. He declared to
commit himself when asked whether
Darrow had received other remunera
tion besides the -fee mentioned. Prac
tically all of the 1200,000 Morrison
aid was spent Money received by
the committee after plea of guilty
were made, he declared, would be re
turned to the contributor so far aa
powoble and tlio .Teniilrei wf -the-'de-lente
fttml,. Jf an,v, would either be
snt back to the contributors or dis
tributed pro ratai among the local
contributing It "Have you received
any report or statement from Darrow
as to the way the money was ex
pended?" he was asked. j
"We have received no such report"
he replied. ..'The only communications
along; this line have been requests for
more money."
Gomner Careworn. "
Qompers, showing evidence of th
strain under which he ha labored,
appeared iu th corridor of hi hotel
at 10 o'clock.'
"Not a word, not a word," Gompera
aid to th reporter. "The only thing
I can say Is what I have already aald
that I didn't know the McNamara
were guilty or that they would plead
guilty."
"Will you comment dn the sentence
to be passed today?"
"We are here now because we got
Into trouble with a Judge," said one
labor leader, referring to the impend
ing conference regarding the Bucks
Stove and Range case. Gompers paus
ed. 'I don't beli.we t care to say any
thing about what the Judge doe." he
replied with a smile. . ' -
matlon of their guilt given out at that
meeting."
The labor leader Indignantly assert
ed that he did not feel called upon to
reply when one reporter asked him
suggestively if he had ' any expecta
tion of giving up the leadership of
the labor organization In the near
future. He said:
"I wa lately unanimously re-elected
president of the American Feder
ation of Labor." .
Counsel Drew Make Statement.
in behalf of the National Erectors'
association which employed William
J. Burn to run down the perpetra
tor of the Los Angeles dynamite out
rage, Walter Drew, a counsel. Issued
a statement here last night urging
that the McNamara "make a frank
and full confession." Mr. Drew says
among other thing that he doubts
the sincerity of labor's demand in
urging extreme punishment and In
dicates rather that those who take this
attitude have an ulterlot motive.
Mr. Drew Issued the statement In
the form of a telegram to J. B. Fred
erick, district attorney at Los An
geles.. The telegram reads:
"I note the many statement from
labor leader repudiating the . Mc
Namara and demanding the infliction
upon them of the extreme penalty of
the law. A you know, ( am counsel
for a group of employers who have
ben among th chief sufferers st the
hands of these men, and am, perhaps,
as familiar as anyone with the serlea
of dynamite outrancs In which tney
took part. I deem It my duly to ny
to you In urder that In your dlaore
tlon ynu may advlxe the court".
"First No human life has been de
stroyed by any other explosion trace
able to these men. nor do I know of
any nuch explosion which was appar
ent ly . planned with the purpose of
tnklug life IhniiKh In some Instances
a riiet'i'KHrd of such pos.-tible conse
quent w hs hIi" n.
IrtMl.is l'i v t Dfiitaml I '.
1 ''V.
."-ml. He . .. ... l ! .-,.!
" ' - . I ' i t n i
.I.J '
!
a ('Moos ;
Whether .Battery Park Will
Handle Pro Rata Share Is to
Be Considered Today.'
CITIZENS DIRECTORS ;
HAVEN'T TAKEN ACTION
But W1H ProbaMy Take Their Share
" at Once If Ba'tery Park Decide
,v 'j "i to "TaiiO Theirs. .
A
The matter of iaklng up a pro rata
share of the bonds to be Issued by B.
W. Grove for th new hotel, that he
contemplates building on the side Of
Sunset mountain Jwill be taken up by
tii board of directors of the Battery
Park bank this afternoon. No Infor
mation would be given out this morn
ing by those In touch with the, situa
tion as, tq what, they thought the out
come of the meeting would be, but
the general impression left was, that,
fhe'bonda wouia b taken up. .
, The director of the Citizen bank
have never yet considered the matter,
officially, of taking a part of ' the
bonds, but some of the officers have
been engaged since' the proposition
first came up in arranging to place a
part of the bpnds. " .Qute a number
have been placed in this way. It Is
understood; and it la further learned
on good Information that if the direc
tors of the Battery Park bank take
favorable action in the matter this
afternoon,, the whole share to be han
dled by the Citizen bank will be
Immediately taken, up., . .
An effort wa made to ascertain Just
how th Wachovia .Banking and Trust
company stood on the matter of the
bonds and If, there wa any contem
plated action on the part of the direc
tor for any early date, but nothing
could be learned frpm those who were
questioned. ' It sem that the- bank
doe not . eare to give out anything
pertaining in the least to the bonds
until the action has been taken, if
there la to be anv.. ' " .
"Jt, bu? arr.f nru 'ht, the taking, up
of the' whoie . amounto-of bonds al
lotted to Ashevllle, . depend on the
action of tha Battery Park bank and
the Wachovia Banking and Trust com
pany. -.
U. 5. ASKS in
iVS. GUSH KEBiSTEfl !C0.
Conspiracy in Restraint
Trade Charged in Gov
ernment Suit
of
Cincinnati, Dec. 5. Suit waa file in
th United States Circuit court here
ymterday agalnat the National Cash
Register company of Dayton, O.,
charging that the company Is In a
conspiracy In restraint of trade and
that It be enjoined from further carry
ing on such Illegal practice aa I act
forth m the petition. ' . ' .
The government doe not seek to
destroy th National Cash Register
company as a corporation nor to In
terfere with the legal and legitimate
business ef the company, but ask that
it be prohibited from selling cash reg
isters and other registering device in
a manner that will prevent competi
tion. '
The cult wa filed by United Sfato
District Attorney Sherman T. Mcpher
son, who waa asslted by Attorney
Henry Harrison, representing the In
terstate commerce" commission.. Those
named as defendant are the Cash
Kaglater company And twenty-eight
officers, director and district sale
agents of the company. ,
Tha government. In It petition,
compjaln that the Individual defend
ants acting through the Instrumental
ity of the corporation ar seeking by
illegal acts to eliminate, stifle and
suppress other manufacturer and
dealer engaged In the business of
making and In selling and shipping In
Interstate commerce cas'.i register and
other registering devices. .
It I further charged that the de
fendant have waged vicious, wrong
ful and unlawful war of extermina
tion agalnat .other competitor and
have driven them out of the business,
securing thereby about 98 per cent of
the casii register business. .
.; One of the main charge contained
In the petition la that the company
sold register below tbe cost of pro
duction in various Instance where
competition wrus rife.
ALL. -AIT'S T-"CIj
CHANG ID TO A FINS
On Condition Tlint J'e remain on
Good IWialr mount of
l'lun U i.
Octette-. l'oreau,
: The I l. l Kalelnh,
1 a!i if h, lleo. S.
fin ronlitlon that be remain on
'"I l''svi,,r ami l.y the recommen
.' 'i . f the lw i,. f inler league.
r i..!rtiiu ii. ri i. . .noon com-
: . ,.,.!,., f I mil Ailman
DIE SfJITES:
GUEST ELBE
Millions Starving as Revolu
tion Stops Trade and
. Checks Industry in .
.' China.' 1 '
STATE IS DRIFTING
TO POLITICAL CHAOS
Imperial Government Seems
Collapsing But Dissension'
, Reduces the Revblu-
tionists' Strength.
Shanghai, Dec. . 6. -Keener appre
hension I dally felt that China Is
drifting Into political chaos. The sit
uation inspire the ' most - pessimistic
forebodings from impartial observer.
Revolutionary "Junta here . are now
marking time awaiting the arrival; of
Dr. Sun Pat Sen, for it la hoped he
may prove a leader who can line up
the various revolutionary chief. :
'. Dlssensons exist in 'rebel rankses
pecially at the Wu-Chang- and Nan
king headquarters.' ; f
A complete collapse ' of the '-imperial
government I regarded aa im
minent, although there is a yet "noth
ing stable to take It place. K i v
The cost of the struggle has been
enormoua Apart' from losses on the
battlefield, It ha plunged a majority
of the 'provinces Into poverty and
famine, stopped trade and crippled
Industry. Million are starving with
in a radlua of 100 miles from Shang
hai and reports from the Interior in
dicate that condition are growing
wore. !'.
4 '-
E:;oai held
lH GOAL FRAUD GASES
Supreme Court Applies Entry
Laws of United States
to Alaska.
Washington, Dec. 5. The Supreme
court of the United State ha opened
the way for the federal government
to prosecute coal land fraud In Alas
ka by holding that the general coal
land law of the United States, which
forbid person or association mak
ing more than one entry, apply to the
unsurveyed coal region of Alaska.
The Immediate result of th holding
wa the reversal of th action of the
United State Circuit court lor west
ern Washington in quashing as in
valid the Indictment agaimt Charlea
M, Munday and Archie W. Shield on
charge of conspiracy to defraud the
government out of Alaska eoal lands
valued at 110,000,000. The way la
now opened for their trial on this
charge. c
Justice Lurton rendered the unan
imous opinion of the court. Munday
and Shield were indicted along with
other on charge of conspiracy
against the government by seeking to
procure for the Alaska Development
company and the Pacific ' Coal and
Oil company some (000 acre of Alas
ka coal lands. It waa alleged that
some 40 persons were induced to
make entries, ostensibly for, them
selves, but In fact a the agent of
and for the. use of th two corpora
tion . t ' '
Tb Indictment were brought in
the United State Circuit court for
Western Washington but war quash
ed by Judge Hanford on the ground
that a person or association waa not
limited to one entry of coal land In
Alaska. The government brought the
Judg' action to the Supreme court
for review. v
DUVEEN FINED $15,000
Art Dealer Guilty of Undervaluation
Frauds Government ' Aaked
. Prison Sentence. ,
New York, Dec. I. Benjamin 3.
Duveen, son of the late Sir Joseph
Duveen and Junior member of a Fifth
avenue art firm, several of . whose
member have been fined for under
valuation frauds, withdrew a plea of
nm Kuniy ana on entering a piea or
guilty waa fined 116,000 by Judge
Holt In th United State, Circuit
court yesterday afternoon. Judge
Holt Imposed the fine after a ftcath
Ing arraignment of the art dealer by
Assistant United States Attorney Gen
eral Wemple, who demanded a prison
sentence.
John B. Stanchfleld, counsel for th
defendant. In asking for sentence of a
moderate fine, said that Ttanjamln J
Duveen' Interest in the firm wa only
five per rent, and called the atten
tion of th court to an axreement be
tween hlmwlf and District Attorney
Wle whereby It wa dechled. he said,
that the payment of ll.Snonoo as
reiitution would eiinifiitt the T'u-
... i:s fr.nn a. v f'ir'r ..n
l ! bi .t I 1.1 t." 1 . ) 1 I i .-n
TRUST MESSAGE
tOM PRESIDENT,
PLEA OF PACKERS
By
Stay of Chicago Trial Refused
by theSupreme Tri-' '
bunal.
Washington, Dec. S. The Supreme
court of, the United State today re
fused to grant a stay of the beef pack
ers" trial in Chicago until the court
should be able to pass on the constitu
tional question raised by the packers
in their habeas corpus proceedings.
,.
.1 '
MADE Br THE
County Commissioners Contin-
. ue with Disposition of
ry' Routine Matters.
: At the second day' session ef the
county commissioners' monthly meet
ing the board continued with the dis
position'' of routine matter and also
considered several special requests
in, regard to roads and other things.
A number .of order were made re
specting the laying out of the roads,
the Improvement of existing road and
the changes In the location of others.
Dr: M.-H. Fletcher was before the
board wilh. reference to the road lead
ing from Hickory Hut gap to the
Cane Creek road and made the prop
osition, which wa acoepted, that the
property owner would furnish all
the labor and teams, if the county
would locate, the road. furnish
a good- road- Milldrf, rwhonftiderstands
the construction of a sand-clay road,
build a bridge over Gap creek, and
furnish the tools and drain tile. Dr.
Fletcher personally agreed to pay for
the labor and furnish two teams, after
the other property owners had. con
tributed all they are able, provided the
amount does not exceed $1000.
An order was also made for a
change in form of the funding bonds
recently authorized to be sold...-
BOURNE TO INTRODUCE
PARCELS POST MEASURE
Washington,' Dec. 5. To aupply a
basis for the work of the committee
on postofflce and postroads. Senator
Jonathan Bourne will introduce a bill
providing for a parcel post system.
Th measure will authorise an In
crease to 11 pound In alxe of fourth
class mall packages from the present
maximum of four pounds. , A decrease
of charge from the present rate of
one cent an ounce will be provided.
Pound packages will be carried for ten
cents, with tan additional charge of
four cent for each additional pound.
For the smallest package provided
for, weighing eight ounces, there will
be a charge of six cent.
r TO TAKE CASE HIGHER
! . Gasette-News Bureau,
, The Hotel Raleigh,
Raleigh, Dee. t.
Attorney for Dr. J. J. U McCullers
have announced that they will carry
his case up to Supreme court as
quickly aa possible- lit order that th
matter between the doctor and the
county commissioner over th posses
sion of th office of superintendent of
health may be finally disposed of.
Judge Peebles last week held that the
election of the health otflctr by the
board of health waa unconstitutional,
at the same time declaring th an-
polntment by Dr. W. 8. Rankin, sec
retary of the state board of health. In
valid. The Judge ruled that tha law
authorising the mayor of tbe county
town, th chairman of tlw board of
county commlslsoner and the county
superintendent ot education to help
constitute th county board ot health
wa Illegal, in that It gave these Vnen
two office, which I contrary to the
constitution. Dr. McCullers' lawyers
will test this point; but If the Supreme
court should sustain Judge Peebles,
every county board of health In th
state would be illegal.
WICSERSHAM ETXIICZEN
AT CABINET CZCCICN
DENIED
COURT
Washington, Dec. (. Attorney Gen
eral Wlckersham was taken suddenly
ill while atKiVJ'tig a cabinet session
' -v. Dr. De!snv. the pi . -.-.id.-nt s
l,.n mi i .,i,.. I i m the
.itme.it.
I I : , ! '. I 1 ..
Taft Opposes Amendment of;
l Sherman Act and Advr 'i
v cates Federal Incor- .
poration Law.: t-."-t
HE UPHOLDS TOBACCO
' I.V
DISSOLUTION DECREE
-' "..-. Vl'- -' -'.- :f' -. :i
Declares No, Order More Effect-'
ive for Such ; Purpose
Has Ever Been
'-'"'Entered.
''".I. I" 'lt . J ,:,' - . 1
Washington, ' Dec. S. President! '
Taft' third' annual message con
press, devoted exclusively to the Sher- .
man : anti-trust act and the trust
question in general, waa read In con"
gress today. . . . : ,
The president, defended the 'Sher
man act as interpreted by the Su-c
prerae court of the United Statea in
dicated plainly his opposition to the
repeal or amendment of this statute.;
but suggested that congress pass a '
federal incorporation law and supple
mental legislation that "would de
scribe and denounce method of com-',
petition that are unfair." . ' , ., ; ,
To supervise corporation chartered
under federal law, President Taft pro
posed, the .creation of an executive
oureau, or commission, with powers
akin to those of the Interstate, com
merce commission...
Speaking of the dissolution' of the '
tobacco trust, the president declared
that In hi opinion "not in the history
of American law has a decree more
effective for such a purpose been en
tered by a court." ;
The message in full I a follows: ,
To the Senate and House of Repre
sentative: ; ., ' ' )
This message Is the first of several
which I shall send ,to congress during
th Interval between the opening of
Its regular session and It adjourn
ment for the Christmas holidays. The
amount of Information to be conn
munoeaa to thtf-opetatlons of the
govenment, the number of Important
subject eaHing for comment by-the
executive and the transmission to con
gress ef exhaustive report of special
commission make it impossible to in- ,
elude 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 It first
regular session. -
The Anti-Trust Law The Supreme
' ixrart Decisions.
In May last the Supreme court
handed down decisions in the suit In
equity brought by the United State
to enjoin the further maintenance of
the Standard Oil trurt and of the
American Tobacco trust and to secure
their dissolution. The decisions are
epoch making and serve to advise the
business, world authoritatively of the
scope and operation of the anti-trust
act of 1890. The decision do not de
part In any substantial way from the
previous decisions of th court In con
struing and pplylng thl Important ,
statute, but they clarify those deci
sions by further defining the already
admitted exceptions to the literal con
struction of the act By th decrees
they furnish a useful precedent as to -the
proper method ot dealing with the
caDltal and oronertv nf literal trusts
These decisions suggest the ned and
wisdom of additional or supplemental
legislation to make It easier for the
entire business community to square
with the rule of action and legality
thus finally established and to pre
serve th benefit, freedom and spur of :
leasonaole competition without loss ot
real efficiency or jiror.iesa. ' -
rlare to be Illegal "every contract,
combination in th form of trust or
othe"- 1se or conspiracy in restraint
of tttide or commerce among the sev
eral state or with foreign nations"'
and In the second declare guilty of a '
misdemeanor "every person who shall
monopellse or attempt to monopolise
or combine or consplr with any other
person to monopolize any part of the
trade or commerce of th several
state 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 wa held
that It was no defense to show that
the agreement a to rate' complained
of wa reasonable at common law, be
cause It wa aald that the statute Was
directed against all contracts and com
binations In restraint of trade, whether
reasonable at common low or not. It
waa plain from th record, however,
that the contract complained of in
those oases would not ' have been
deemed reasonable st com omn law.
In subsequent caaes the court said thut
the statute ehotild he given a reason
able construction and refused to In
clde within Its inhibition certain con
tri; tual restraints of trade which it
denominated a Incidental or as In
direct. ' Th' se cases of restraint of traile th.it
the court excepted from the operation
of the statut? were Instance which
at comon law would have hi.-n call
ed reasonable, in the Ktamlard 4
and tobacco canes, therefore, the court
(Continued on pat! IS)
30 IiILLHD I.U1TII3
Chli-ssn, 1 ice. 5 .. ,.v ,.n
'c'lt I. ' :r. I Is the i
of tha ii. ' . . , ,
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