A rl
THE ASSOCIATED
PEESS ;
i DISPATCHES N
LAST EDITION
4:M P. IL
Weather Forecast
RAIX AVD COLER.
VOL. XVII., NO 282.
ASHEVILLE, N. C, MONDAY AFTERNOON, JANUAEY 6, 1913.
.PRICE THESE CENTS
GOMPERSWMXS
CHEMICAL BILL-
E
HOLDS "CORNER"
THE EMPLO
LAW VIOLATION
IS'
A A
I
T T
.
I RE H I T IS
LI
Replying to Dynamite Case
: Critics, He Asks "What of
Conspiracy of Organized
Capital?"
BLOW TO ORGANIZED
LABOR, HE ADMITS
But Says He Will Not Abandon
Wrecked Union "at Mercy ;
of Organized
. Capital."
Labor but his own. and after a thor-
ouch ncrutlny and investigation they
were returned to him and now are at Proposed Revision Of That
our ofllce. Not a scintilla of evidence I
Schedule the First Matter
Before Ways and Means
Committee.
or suspicion of wrongdoing could be
discovered; not a scintilla existed or
exists." 1
The federation leader referred 'to a
statement made by John Klrhy, Jr.,
president of the National Manufactur
ers' association; William Burns, thn
detective who caused the arrest of the
MeNhmaras after the Los Angeles
Times explosion; Harrison Grey Otis,
editor of the Times, and others whom
he characterized ' as enemies" of or
ganized labor.
Mr. Oompers saldi he would have
the public consider the convicted iron
WITNESS ADVOCATES .
EXPERT COMMISSION
workers with the understanding mind I Manufacturers' Representative
ana me spim uuignt oy me tuuciiui
, Bjf Atnetatei Pntt.
' Washington, Jan. 6. Samuel Oop,
pers, president of the American" Fed
. eration of Labor, speaking today be
fore the senate sub-committee on Ju
wdjeiury In favor of the Clayton antt-
Injunction and contempt bills, gave
nnswert to criticisms aimed at the or
gun Iza tlon of workers which he had
received because of the trial and con
viction for dynamiting officers of the
HiruiMitural Iron workers' union.
"if ever the time shall come," said
Mr. Oompers in the climax of his ad
dress, "when government by dynamite
. shall be attempted (and let us hope
and work that it never shall come) it
- I . .. I . . YtA fhMW
win tie as us juuui lauw -uov.j
and policy upon which is based gov
ernment by injunction personal gov
eminent foisted upon our people in
stead of a government by. law."
In closing his statement, which
eluded an -assault upon .employers'
and manufacturers' associations, par
tly jl.rty the United States Steel cor
p.iralon and the National Erectors'
association, Mr. Gompers declared or
ganized labor -would not repudiate i
the structural iron" workers union,
"and leave them-helpless' and at the
mercy of organised capital and in
satiable, uncurbed greed for profits."
Soya Organized Labor Deplores
. Conplra-). .
"Though all censure . those whom
' men may deem guilty of dynamite
conspiracy,'.' the federation., leader
continued, "none feels the terrible
consequences of- the Indianapolis trial
morn keenly than organized labor.
There have been added heartache anil
sorrow to our already heavy burdens.
The men accused and sentenced can
not suffer the penalties alone; upon
them and all worklngmcn ran tne
suffering and penalty. :
"But what of the conspiracy of or
, KitnUfd capital the , conspiracy to
murder the liberty of the tollers, to
tear from them the means of protec
tion bv which- they have bettered
their condition! to leave them bare
nd defenseless In the competitive
struggle. Is not such a conspiracy
sufficiently dastardly to incur somu
odium? Should the conspirators with
their hands stained with life-blood of
men's ambition, happiness and liberty
be accorded nothing but honor, power,
respectability? Should they be al-
lowed to continue to manipulate the
towera of government the adminis
tration of Justice until the oppressed
llnrts the burden Intolerable?
"More wise, it Is to seek social Jus
tire while yet we may. The iwlga
who presided at the trial realized one
of the issues government by Injuno-
tlon, lawless, autocratic, irresponsible
exercise of governmental authority,
, according privileges to the strong and
denying Justice to the weak."
CrltMsre Judge) Anderson.
Judge Anderson, who presided over
the trial of the Iron workers, was re
ferred to particularly by Mr. Oompers,
when he declared that "our whole so
cial organisation seems to be on
of old who said
"Let him who is without sin cast the
first stone.''
"There are many ready to heap on
the structural iron workers," he de
clared, "not alone the men adjudged
guilty, but every member of their
union, condemnation and humiliation;
many ready to wrap the robes of
saintly Justice around them lest con
tact defile them; ready to withdraw
from these men every good and uplift
ing Influence-and to cast them out to
the mercy of whatever interest might
profit by their helplessness."
Attacks Fmploj Inir Corporation.
.- Launching into his attack upon the
employers, who, he declared, had pur
slstently fought the Iron workers un
ion, Mr. Oompers said that they never
had a thought of the
Says Enactment of the Ve
toed Schedule Would
Be Ruinous.
By Associated Press.
Washington, Jan.. . Democratic
revision of the tariff got a start today
when the house ways and means com
mlttee began hearings which will be
the basis of the new tariff bill of the
next congress to repeal the Payne-Aid
rich law. Today's hearing was on
schedule "A," the chemical schedule.
The committee plans to go . .down
constructive I through the list, taking a new sched
ability of the workers. He. condemned
in this connection the National Erec
tors association, the National Manu
facturers' association and the United
States Steel corporation. , ...
"For six years the flght went on,'
he said, all of the forces of organized
society were used against these men.
ule every other day, until all have
been covered. With the full member
ship of the committee sitting in the
big hall in the house office buiiaing,
the- first hearing of a month-long
series, aiming at the preparation of a
law to carry out the plan of an "Im
mediate downward revision" and "tar-
Supreme Court .Declares Con-
. " '- ' r IS-".- ., '.
tracts Limiting Their Lia
bilities for Loss of Ship
ments are Legal.
ANNULS STATE LAWS ' .
VOIDING CONTRACTS
Low Rates in Consideration
of Small Liability Not Vio
. lative Of the Carmack
r-MV.j. ...
. Amendment.
By Associated Press.
Washington. Jait7 6. Railroad and
express companies won a revolution
ary decision In the Supreme court to
day, when it was held that contracts
limiting to small sums their liability
for loss of shipments were not sub
ject to state laws.r but to interstate
laws. It was further held that' con
tracts limiting liability to a small sum
In return for a low rate were not In
violation of the Interstate commerce
laws, particularly the Carmack amend
ment, . Scores upon scores of such
contracts have been held void under
state laws. .-: . -
Reciprocal Demurrage Law Is
Declared Unconstitutional
By the United States Su
preme Court.
STATUTES OF OTHER
STATES AFFECTED
Federal Government Is Declar
ed to Have Exclusive Right
to Legislate on the ;
"-. Subject. r
To sayt" these men resorted to
forbiddtn methods of violence, ani
even sacrificed lives. You condemn
their methods of fighting as elemental
and brutal'. On any of those wno
are e-uilty the condemnation Is true.
but I ask you were these methods
used by the employes less deadly 10
humanity and freedom? Do you think
that one side can play with the forces
nf iniustlca and tyranny and not lead
to a defensive move on the part, of
others? Each wH protect his own in
terest would anybody else do that
for him? 1
m.
E IS
Senator Bristow Proposes Reg
ulating Concerns Doing In
terstate Business. s
Most of the democratic majority of
the present ways and means commit
tee will go Into the next congress,
which is to convene in extra session
probably between March 15 and early
April. When the tariff hearings are
ended, 'democrats of the committee
will devote themselves to the formu
lation of the tentative tariff legisla
tion which they hope to have ready
by March 18, if not earlier. - , ,
Will Be Submitted to Caucus.
The concrete result of their, delib
eration, the new tariff rates from
acids to zinc, the expansion of the
f re list and so on. will be- formally
paused upon at a caucus of -the rep
rest.ntatlves of the. aew house to be
called soon after the opening of the
extra 'session. .This caucus will de
termine whether the new tariff legis
lation shall be in the form of a single
measure or In separate bills, sohediil
by schedule, along the lines of tht
tariff procedure bf the last session,
when chemical, wool, cotton, iron and
steel and free list bills went through
both houses but met the presidential
veto
Chairman Underwood of the ways
nd means committee and . his asso
ciates are Inclined to favor the same
course as that of last session; - By that
procedure it is urged by its advocates,
'lng-rollInK" or trading of rates on
various articles could be avoided,
The chemical schedule is one of
three or four that command the great
eat interest. Democratic coirmltteo-
the lines
REJECTS JHE PLAN
OP Mil PACIFIC
Supreme Court Holds Proposed
Stock Distribution Plan
Doesn't Dissolve Merger.
' Bu aaaocMtml Pmt.
Wtihhlngton, Jan. . Senator Bris
tow of Kansas presented to the senate
today a proposal for an Industrial
commission nf seven members to tak I men claim revision along
avpp thn work nf the bureau of corpor-1 embodied In the chemical bill of last
. ..., .,,,! .it I year would save American consumers
ations and exercise, control over " 7 000 000 DJf reduclng the prlce, of
persons, nrms or romomu.. a cnemcnl and at the same time In
an Interstate business with gross re- I crease the revenue to the government
I The plan of the committee Is to levy
I low rates of duty upon non-competi
tive articles produced in this "coun
I try, especially the chemicals used In
the textile Industry and chemicals and
.Hid
"i-ven the Judge who tried the case, n.ird that the proposed com
smugly assured of personal "respon- .. d Dower, -iven to it
I would not "interfere with big business
operations if such, corporations are
reluta of mure than $5,0ff0,00 per
vear. Explaining the bill to the sen
ate he said that ItVroposed to create
a body similar to the Inter-state com
m.w (.nrnmimlnn to have the same
industrial concerns that I drugs used for medicines. '
ih l.ti.r xrclaes over transporta. I ' Favors Non-Partlxan Commbwlon,
.in onmiianlea. ' The Hrst witness today was Henry
"The numose Is to protect the peo-I Howard of New York, representing
ni wih .i.me degree of promptness I the Manufacturing Chemists' assocla-
from the extortionate practices of I tlon. He contended the committee
now er corporations without destroying! should delegate the entire question of
in. hiiniuia they represent." neitne cnemicai scneauie 10 a suo-com
irrespon
sililllty." Mr. Qompers said, "fatuous-
lv declared that the evidence In this
... 1 DU
cae will convince sny impartial per- a,on honMt nd crediteble lines.
U lllltl S" IIIIIWIH VJ IIIJBtlniuil
Infinitely to be preferred to; govern-
, tent by dynamite. .1 strnted that the courts were Ineffectlvt
: J ni wormy juage nsa nuiy ,or ,ne Iupervilon f big business.
i , t-hanctd upon one of the causes but . "
. :' 1 mil failed to realize casual relation- ...
mjttes for expert Investigation. Mr.
Howard insisted that the association
felt very strongly that no body the
size of the ways and means commit
tee could as a whole conduct an In
vestlgatlon so essentially technical. He
chip. The words to him were simply
n conventional epigram he does not
know that' there Is a law of life Just
as Immutable as the law of gravlta
tin; of attraction snd repulsion, a
law of lire train' meets tyranny and
injustice- by resistance. The Inapt
jics. aye, the unwarrantable character
of this utterance of the Judge dl
rlnsna how fnr afield outside of the
cunt he went to take another slap
at labor "
Kays A. F. L. In' Not Implicated.
Mr. Oompers defended the Amerl
rnii Federation of Labor and resented
thn attnrks made upon It since the
dynHmltvis case.
"We hhve been Investigated," he
jwbl; "from the first In'lnunllon that
enemies of our movement meant to
fri-t the 'men hlahrr up' and because
of their dlrntly snd Indirectly con
hiKiln my name wllh the men sup-
icm,.,liy 'higher up' I have declared my
r !ln.':n at t,f time to submit for
: u r" 1 11 11 1 1 ,11 by any representatives of
ft 1 ntliulcil authority or by a commit
fro of tiny rerjicctalils hmly of clll
i nr, cvi-ry diM-urnont. piippr or sc
fount, flnini'til or otlierwls. 1 have
;iil.-nir' d and now chullrrtKM snv of
iiir fMiiun to show (hut thur h
' n iimv un'zwful i-oniuirt or anv
r- n" lion yith any labor ruiilrov.,r
1 h.-rw !
M.ui-;
1 i r'nf
.-f I i
DUES FIR FLORIDA
He declared that the 8tandard OS I favored a non-partisan, committee or
nrt Tohaico trusts cases had oemnn-1 commission.
'The changes in ciaasincation in
the chemical schedule," he said, "are
largely furdamental and the rate
distinctly Illogical, as the relation of
raw materials to finished produots Is
persistently Ignored, the relations be
tween different products In many In
stances apparently is misunderstood
and there are many other errors. The
most radical Increase In rates of raw
materials Imposes - hardships that
would, If followed through other
schedules. Inevitably bring disaster to
TTonrl nf Panel Which ConviC-lminy "''"tries with consequent hard
MVWW - 1 . . . . , a . , 1 ,
,. r wuur vniJivj'eu III muss III
dustrles. "
P, J. Krebs, president of the Kreh
Pigment and Chemical company nf
Newport, Del., objected to the changes
In the tariff as proposed by the lust
vsslon chemical bill, vetoed. Louis
U llrighsm, of the Brlgham Sheet
Uelstln company of Randolph, VU
ssked for relief Irom the present
chemical tariff, saying It was not set
entlllrally iidjiinted. Ho held up spec
"ins of domestic and foreign gelall
nd pcMfrted that there was now paid
lust as much duty on raw materials
as on the finished product He ton
tended that put him on the same
basis ns the foreign golatln nianufa
hirer. He thouuht that about doul:
the j-,r'Pint iluly on the finished gi'l
tin prodiM-ts would be fair In tbi pio
posed tariff. '
ted Dynamiters Gets Threat-
, ' enlng Letters.
Newcastle, ln4., Jan. . Frank
Dare, foreman of the Jury which re
turned n verdict of guilty against the
aliased dynamite conspirators, who
has received two letters threatening
his life, left today for r'lorlda to spend
th wlnli-r. His liealth has been lin
paired by Worry over the letters snd
by Ions confinement dii'lng the trial.
IIEISXELL AI 1 CIHTED
TO SUCCEED DAVIS
1. it
T!y AMHO'-I'iti'ii Pre".
11 H.H-k. Ark.. Jn. f! (i
. I 11, m In 1 lv toil. 1 v mi
r j..i n N I! .!'! -f 1 1."
l:K-cs to tie! a (lerknlilp.
,1
WIlllii
11 i- fi.
- By .Mediated Press. '" '
Washington, Jan., v. The Su
preme court today held that the plan
advanced by the Union Pacilio attor
neys for the 'disposition of thn entire
stock holding of -the t'nion Pacific
railroad company In the Southern Pa
ine company by transfer to the stock
holders of the Union Pacific company
would not so effectually end the Union
Pacific merger as ito comply with its
dissolution aecree. v 1. -
' By Associated Pfess.
Washington, Jan. 8. The Minneso
ta reciprocal local demurrage law
of 1907 was today annulled as uncon
stituttonal by the Supreme court of
the United States. The court held
that the federal government had leg
islated on the subject and so taken
away all power, if any existed, from
the states to legislate on it as far, as
Interstate commerce was concerned,
Several states have similar laws.
.t
NEW CONCESSIONS
IWADEBY TURKS
Allies Withdraw Their Threat
to Break Off the London
, Negotiations.
MANY GATHERING
FOR LEGISLATURE
Indications Are That Practical
ly All Old Officers Will Be
Re-Elected.
Special to The Oazette-Nnot.
Italelgn, Jan. . uwing 10 me ill
ness of judge M. f. Justice at nis
home in Rutherfordton, the Wake
Superior court did not convene today.
The judge is not seriously ill and ex
pects to open court tomorrow.
Members of the 1913 legislature and
scores of persons who expect to get
Jobs arrived here during the day. It
is practically conceded that Oeorge W.
Connor will be the speaker of the
bouse. Most of the old officers, it ap
pears, will be re-elected.
Governor ' Kitchln - Is preparing a
message which will be suDmittea
either Wednesday or Thursday. Sen
ator Simmons is to be re-elected Unit
ed States senator January 21 at noon.
One of the first bills of the session
will be an amendment authorizing an
increase from 12 to 20 in the number
of trustees of the children's home at
Winston-Salem and giving the trus
tees authority to tstabllsh a hospital
separate from the orphanage.
Supreme Court Holds that if
Patten et. al. "Cornered"
Cotton They Violated
Sherman Law.
SENDS CASE BACK TO
NEW YORK FOR TRIAL
Guilt or Innocence of Defen
dants Not Passed on, but Im
portant Principle
Laid Down.
MOST SERIOUS PROBLEM
IS M OF T
GIVES TAFT A MEDAL
Tlie B'nat B'rIUt Presents the Presl-
llent With Token of Air'latloii
for Treaty Denunciation.
By Associated Press.
Washington, Jan. 6. President Taft
today added to his collection of dec
orations a gold medal presented to
him for his championship of the Jew
ish cause In the recent diplomatic im
broglio with Itui-sia, which resulted in
the abrogation of the treaty of 1832
with that country. The meda! is the
gift of the B'nal B'rith, the constitu
tional executive committee of which
is meeting here. '
Adolph. Kraus, grand president of
the national organization of the B'nal
B'rith, headed the committee which
made the presentation. Luncheon for
the committee at which the president
played host, followed. -
By Associated Press. ;
London, Jan. 6. At the peace, con
forence today the TurkisJt envoys of
fered to maku , further i con.wsBlons
which were considered bythe Balkan
plenipotentiaries sufficient to prevent
the threatened rupture or negotia
tions.
An Important advance has been
made by the Turks toward meeting
the'demunds of the Balkan allies, ac
cording to opinion expressed by Bul
garian representatives as to the new
proposals regarding the future of the
frontier between Bulgaria and Turkey.
1 Ottoman delegates presented a defi
nite plan nt today's conference, sug
gesting that the western frontier of
Turkey should follow the course of
the Klvers Martiza and Tundje, the
Turks to retain the fortress of Adrlan-
ople but to abandon Kirk-KUllsseh.
The allies declared that If proposal
would he suftlclent reason for the
withdrawal of their threats to break
off negotiations and would continue
the discussion in London in the. hope
of obtaining further concessions' from
Turkey. At the same time they antic
ipate the early capitulation of the be
leaguered garrison of Adrianople, and
this Is calculated to alter radically the
Ottoman point of view. - -
Legislator Devising Scheme
to Equalize Taxation Will
, - Be Hero of Session! ' r ' :
NEILL RENOMINATED
-LABOR COMMISSIONER
B .MOfltoted Pre$t.
Washington, Jan. (. President Taft
today renominated Charles P, Nelll to
be commissioner of labor, Other nom
inations Included: For postmaster:
O. F. Rockhold, Dallas, Texas. '
ARCHBOLD ON STAND
J. P. Morgan Sails fur Egypt.
Ml Auoeiatti Fntl.
New York, Jan. . J. P. Morgan
sailed today for Egypt of the steamer
Adlatlo to Interest himself in burled
treasures. About a year ago Mr. Mor
gan visited Kgypt to see the progress
of an expedition which he fitted nut to
make excavations near Khargeh. It
Is expected he will visit the same vi
cinity on the present trip.
Climax of Impeachment Trial of Com
merce Court Judge ltcs'hed W ith
His Appearance.
Bu Associated Prl.
Washington, Jan. 8. The climax of
the Impeachment trial of Judge Rob
ert W. Archbald of the commerce
court, was reached when the senate
court reconvened today prepared to
hear the testimony of Judge Archbald
himself and of Mrs. Archbald. The
accused Jurist had determined, after
consultation with his attorneys, to
take the stand to answer personally
Questions ss to his relations with rail
road officials and charges that he bad
used his Judicial office to Influence
railroads to make advantageous coal
land deals with him In ths Scrantnn,
Pa., field.
' Mrs. Archbald was to tell of the
kinship between herself and Henry W,
Cannon, whose Invitation to Archbald
to enjoy an European trip at his ex
pense has been brought Into the Im
peachment case as Indicating Judge
Archbald's receipt of favors from pos
slbte litigants.
Saecud to The (kiactte-UcKt.
Halelgh, Jan..6.-Attended.by many
Confederate veterans. Daughters of
ihe Confederacy, and a large number
of f rle ds, the funeral over the re
mains of r?ol. W, H. S. Burgwyn,
use death occurred In Richmond
riday, was held from Christ church
yesterday afternoon. Rev. Milton A
Barber and - Bishop Joseph Blount
Cheshire conducted the services. The
burial was in the Confederate ceme
tery beside the grave of Col. Harry
Burgwyn, the dashing young officer,
who was killed In a charge at Gettys
burg, and over whose grave a monu
ment has been erected. The honorary
pallbearers Included Col. A. B. An
drews, Dr. V. E. Turner. Charles Root,
Col. J. Bryan Grimes, Dr. R. H. Lewis,
hlef Justice Walter Clark, Judge
Piatt D. Walker. Hon. T. W. Mason,
udge R. B. Peebles, Walter E. Dan
lei, John T. Pullen, Scott Parker, J.
R. Young, Samuel F. Patterson, James
C. Grant, A. C. Zollicoffer, Josephus
Daniels, Ashley Home, Dr. F. P. Ven-
ble, W. A. Pierce. MaJ. W. A. Guth
rie, J. T. Oooch. The funeral was a
military one, the Third regiment band
playing the music.
What Is described as a conference
for social servic Trill be held In Ral
eigh February 11 and 12. Dr. Woods
Hutchinwn, the famous physician
who-' is known to North Carolinians
chiefly through his writings In popu
lar weeklies, will be the principal
speaker. Governor Craig will wel
come the delegate, Among North
Carolina speakers will be W. N. Swift
of Greensboro, J. Y. Joyner of Ral
eigh,' T. W. Blckett, Rev. Plato Dur-
ham, G. T. Stephenson, Clarence Poe,
Miss Daisy Denson. Bishop Robert
Strange. Dr. W. & Rankin, R. F.
Beaaley and Dr. L. B. McBrayer of
Ashevllle, who will discuss "Feeble
mlndedness and Eugenics."
The most serious proposition that
will face the general assembly to con
vene Wednesdsy at noon Is the taxa
tion question. The Initiative, referen
dum and recall, freight rates and
other matters may receive considers'
Man not Improving, Says
Wallace, Aged Scientest
No Betterment In Either 'Intellect or Morals in the Past 7000
' . Years, He Asserts, Despite the "Great Accumulation
of Human Knowledge."
By Associated Press.
London, Jan. ."Man has showed
no Improvement either in Intellect or
morals from ths davs of the earliest
Egyptians and (Syrians down to the
lii'i'l laying of ihe In lost ii eailnou
lilrh
unllnir to s survi
"I llU'Wll Wsllur
i ,ii,l i, til niiin i'f
r 1
ght.
lr. Al-
knuwn as the
'I' -." ban cotn-
nti .lrit,.lny,
. i tu
morals snd Intellect have been station
. -ry. ' , "There has been, of course,
great accumulation of human know I
edge, but for all that we are no ri
erer thsn the ancients, e .-dechud
"There Is still tnoHt abominable vice
going on; ev.-ry V.ind of cruelty to th
poor and children; adulteration
ever commodity snd Iti-s every
whi-re "
lr. WhIIiuc i i.,liii,. bis r-'in
h I, t In. 1,. Hi-r ti,,, i ii ..... v, i p., ,
tlon, but the legislator who devises
scheme to equalise taxes and lessen
the burden will be accounted the real
hero ot the 118 session. It is ad
mitted that North. Carolina's system
amounts practically to self-assessment
and that as a result much property Is
never touched. West Virginia has the
bent taxing system ot any of the states.
It Is said, but the corporations, oil
wells, mines and other Indsutrtee pro
vide almost enough revenue to carry
on the state's business, whereas in
North Carolina this Is not the case.
In the opinion of many legislators
what North Carolina needs Is not the
modern panaceas for all evils, but
system of taxation that will distribute
the burden, raise enough revenue to
continue the educational, health and
Institutional work and at the same
time not Increase the burden of the
small property owner. The men with
the vision to see clearly the needs of
this year and, the next and the prac
tical scheme to administer to these
needs will be able to receive any honor
In the lft of the people.
By Associated Press.
Washington, Jan. . By upholding v
certain disputed counts against James '
A. Patten and others, charged with f
violation of the Sherman anti-trust i
law In running a socalled 'corner in
cotton, the Supreme court today sent '
the case against the men to trial In .
the lower courts. '
Patten, Eugene G. Scales, Frank B,
Hayne and William P. Brown were in
dicted in New York on charges of con-
spiring on January 1, 1910, to "cor
ner" cotton by extensive buying on
the New York Cotton exchange and as
a result of which the prices would be
enhanced and ultimately bring arbl- '
trary and excessive prices,- The con.
spiracy was described as calculated to 1
yield $10,000,000 In profits.
Lower Court's Ruling.
The alleged violation of the Sher
man law was set forth. In the indict
ment in eight different ways In as
many counts, the defendants being
liable to trial on any one. Before the
defendants could be placed on trial,
the United States Circuit court i for
southern New York held Insufficient
four counts, as not stating an offense.' i
The government appealed from that
decision to the Supreme court because
of similarity in the four counts held
Insufficient, the controversy in the
Supreme- court narrowed down to the
validity of the third and soventh
COUntS. . 'v t I
The third count had been attacked
successfully as Insufficient beet, use It
merely stated an alleged conspiracy to
buy cotton, and omitted to charge .
agreements to withhold cotton or to
sell In any particular manner.
The lower court said the defendants
were not charged "with power to con- ,
trol the market" The seventh count '
was the one specifically charging the '
defendants with "running a corner"
on cotton futures.
The lower court held that such a
corner did not produce effects direct
enough on interstate commerce to
bring It within the Sherman anti-trust
law.
Justice Vandevanter, In ennouncing
the opinion, said the Supreme court
at this time under the law, was not
authorized to review the lower court's
construction or Interpretation of the
statutes. Therefore, he added, the
court passed by those points raised
by the government. .
The Justice said that the govern
ment had conceded In arguing the
case that In order to effect a corner
tnere must be a "wtthholdlns" from
sale of the cotton bought Therefore,
ne said, the controversy turned upon '
wnetner tne Indictment charred a
withholding."
"Corner" May Be Trade Restraint :
At present the decision of the lower
court on this point must be accepted
correct, ne said. He then nuul
to the holding of ths lower court that
running a "corner" was not a viola' V
tlon of law, because the restraint was '
too Indirect and not voluntary.
we noid that ths restraint ned
not be voluntary, but in the light of
me oianaaro oil case may be Invoi- .
untary.."
Justice Vandevanter' aaM ihat th.
Injury to the public was the same
whether the effect was voluntary nr
Involuntary.
Justice Lurton announced a 4i.nt.
Ing opinion In -which Chief Justice
White and Justice Holmes concurred.
ine case win now go back to the
federal court of Southern New York
for trial or other proceedings. Ths
decision of the supreme court settles
me important aueatlon that a corner
of any commodity la a restrain of In
terstate commerce, and. may be a vio-
lauon oi tne Sherman anti-trust law.
Today's decision does not i)ttmin
the question of guilt of Patten m other
nienoants, but sends ths case back to
the lower court for trial on the facts
with the important principle of law
established that if a -"wirner" In cot
ton is proved the Sherman statute la
violated.
Mr. Tar ilaRtlog Ti p TaC
Vy Associated Presa
Washington, Jim. ft President Taft
plun R thri-o-dm ' trip eust, IwKlnninK
.) ii n 1 1 1 r v 17, which will end with
III... I.im; i.f Hi" cm 1 1 T ill inn mi
NORTH CAROLINA MICA MFV
GET HEAIUNU JANUARY
ailKTTM KFW BT'RIltn.
WYATT hlllLDISa,
Washington, Jan. .
January I was set aalds today by
ChaVman Underwood for hearlmis by
tne mica peopis of Nortb CarulliM.
The date wTV set at the request of
Representative Webb.
-V, i i
Her Descendants NiiiiiIht I"iO,
sy A as wt?4 Pru
New York, t .a. a cull fur
unliin of the 1 rl' dnian family In
!' Wmight an unU(iiiil v ,i
la.t nlKlit, whin Mrs. M r m
Frlt'dmim, lm
f mm M'Mnuiw i,v
hi nd nr Hi., f ,
In i- I I i 1
It,