THE ASHEVILLE CITIZEN
THE WEATHER:
FAIR.
CITIZEN WANT ADS
BRING RESULTS
VOL. XXVII., NO. 207
ASHEVILLE, N. O, TUESDAY MORNING, MAY 1(5, 1911
ri?ICE FIVE CENTS
SUPREME COURT OF THE U. 5.
DISSOLVES STANDARD OIL CO.
It Arrived at Last
ATTACK BY REBELS
DECLARING IT IS A MONOPOLYl
CHIHUAHUA
FEARS
MJIRCHlNeONCITY
Giant Business Combination is Ordered to Disband Within Six Months
Time the Only Note of Dissension in Court Being With Regard
to the Thoroughness of the Decision
RAILROADS MUST MAINTAIN
NEEDED SAFETY APPUACES
Other Great Corporations Whose Acts and
Polices May be Called Into Question Will be
Dealt With in Dae Course of Time
.A.
The Supreme Court holds:
That the Standard Oil
in restraint of trade.
That this giant corporation must be dissolved
within six months.
Corporations whose
sonably restrictive of competition are not at leer
ed.
-f
Other -great corporations whose acts may be
called into question will
4
the merits of their particular cases.
Thft ronrt, was unanimous as to the main fea
tures of the decision, J ustice Harland dissenting
only as to a limitation of the application of the
Sherman anti-trust law.
President Taft and
.' mediately the entire trust
.a. DllllV Ol preSBlliir Ul a'lrurirti urcuijiviauim ai:i. y
' . - . . . .1 m X m J. 1.; 1
A decision in tne xooacco irust case, wmcn ;
was expected simultaneously, was not 'liiinminced
today and may be handed down on May 29.
- 4 4- i
WASHINGTON, May 15. The
Standard Oil company of New Jer
sey and its 19 subsidiary corporations
were declared today by the Supreme
ccurt to he a conspiracy and a com
bination In restraint of trade. It also
was held to he monoptlizlng Interstate
commerce In violation of the Sher
man Hntl-trust law. The dissolution
of the combination was ordered
to
take place within six months.
Struggle- of Years Ends.
Thus ended the tremendous Strug
(tie ol years on the part of the gov
emment to put down by authority
of
law a combination which
It
claimed
WITH CABINET TODAY IN
Tl
Federal Incorporation Bill
Will Likely Be Again Of
fered in Congress.
TAFT IS CAUTIOUS.
WASHINGTON", May 15. President
Taft and his cabinet tomorrow will
take up the solution of the "trust
uestion" brought sharply before them
by the Standard Oil decision. Admin
istration officials know absolutely
nothing as to how the supreme court
would determine the case but a dc-i-ison
in favor of the government was
notu unlooked for especially hv the
president, Attorney i.eneral V Ir ker-1
sham. Secretary Knox and the other
lawyers in the cabinet
Last fall, long before the final ar
guments in the case were made Mr.
Wlckershaw. with the approval of the
president, framed a ' federal incor
poration bill, designed to permit the
existence of legitimate corporations
worded so as to permit combinations
of capital subservient to government
supervision. That measure was never
pressed in congress althouugh It was1 strike breakers from the factory. One
introduced. Its re-Introduction In the, of the policemen on guard at the
congress Is a possibility. i plant attempted to make an arrest
The president had nothing to say and the mob closed In on him. Other
about the decision tonight. He wished, policemen with drawn revolvers quick
he told callers, to first read it care- j lv arrived but were overwhelmed. A
fully, to discuss it with the cabinet j quad of reserves were -ushid to the
and to dissect it with Mr. Wicker
sham.
The president received by telephone
bulletins on the decision from the
office of the clerk of the supreme
court shortly after he reached Wash
ington late this atefrnoon. He listened
with Interest to the bulletins handed
to him and discussed them with Sec
retary Hilles. He did not see the com
plete decision until a half hour. after
the chief Justice had finished reading
The white house had to send a mes
senger on a bicycle to ths Capitol to
tet OP'
Company is a monopoly
contracts are not unrea
be dealt with according to
cabinet will consider lm-
situation and the advisa-
was a menace to the Industrial and
economic welfare of the entire com
munity. At the same time the court
Interpreted the Sherman anti-trust
law o as to limit lta application to
acts of "undue" restraint of trade and
not "every" restraint of trade. It was
on this point that the only discord
ant note was heard In the court.
Justice Harlan dissented, claiming
that cases already decided by the
court had determined once for all
that the word "undue" or "unreason
able" or similar words, were not In
the statute. Hp declared that the
reasoning of the court In arriving at
Its findings was In effect legislation
MftNY MEMBERS OFMQB AT
Striking Furniture Makers
Have Seriouus Clash on
Streets With Police
COLD WATER CURE
GRAND RATIOS, Mich.. May 15.
At least a score of pcjlcemen were
injured and many members of a mob
of 2,000 striking furniture workers
and . mpathizers worn hurt in a riot
at the
plant of tiie Widdicombc rur-!eral
I nltuure'company tonixht
Several ff
j me injiiro iiin.y ui.
.. ei,,.. K.,ti! rov., Ivors
clulm, stones and missiles of almost
evry
description in uhlch the police
were badly beaten ,a fire ontilnp com
pany attacked the mob with streams
of water and succeeded In
quelling
the disturbance to a c onsiderable ex
tent. Many women were active among
the rioters.
The trouble started when a mob of
about 390 men. women and boys at
tacked a cloed automobile driven
by Ralph Wlddleombe, of the furni
ture company, who was taking several
scene and scion began firing and the
fire was returned by a number of riot
ers. Several of the police officers were
knocked senseless by missiles hurled
or swung by women.
Mayor Ellis made a fruitless at
tempt to quell the riot before th
fire department was suummoned. A
terrific battle ensued as the firemen
began to lay their lines In which the
mob was finally overcome and broken
up. The strike breakers were spirited
away and while comparative 'quiet
now reigns, a force of officers will
'patrol ths district all night
which belonged In every Instance to
congress and not to the courts.
Business World Kcesxorrd.
Ever since the decree In this cue In
the lower court, the United States
Circuit for the eastern district of Mis
souri, 'was announced, hope haa been
expressed by the "business world'
that the law would be modified so as
ta not Interfere with what was deslg
nated as honest business. Tonight
that section of the opinion calling for
the use of the "rule of reason" In ap
plying the law la regarded In many
quarters as an answer to the prayers
of the "business world."
The opinion of the court was an
nounced by Chief Justice White. In
printed form It contained more thsn
twenty thousand words. For nearly
an hour the chief Justice discussed the
case from the bench .going over most
of the points In the printed opinion
but not once referring ta it In order
to refresh his memory. Before him
sat a distinguished audience of the
most famous men of the country,
Senators and representatives left their
respective chambers In the epltol to
listen to the epoch-making decision
of the court. Most eager to hear
were Attorney General Wlekersham
and Frank B. Kellogg, special counsel
for the government, who had con
ducted the great fight against Stand
ard Oil. None of tne brilliant array
of counsel, corporation or Individual,
for the defendants was present In the
court during the reading of the opin
ion. After Marke Closed.
Today as on previous days for
months past, rival brokerage agents
with messengers In line to the vari
ous telephone and telegraph Instru
ments throughout the capital wars on
hand but to their dismay s the an
jiouncetnent of -the decision was not
begun until an hour after the closing
of the stock markets.
The opinion of the court today was
construed to mean that the tobacco
rase, like every other case in which
restraints of of trade are alleged,
must be subjected to the new test of
reasonableness of the restraint as laid
down in the Standard Oil decision.
By far the greater portion of the
opinion of the chief justice was de
voted to the Justification of the court's
view that the rule of reason be ap
plied to restraints In trade before they
were held to be violations of the Sher
man anti-trust law. The court found
this Justification in the common law
of the forefathers and In the general
law of the country at the time the
Sherman anti-trust law was passed.
In short, the court held that the tech
nical words of the statute were to be
(Continued on Page Sis)
MADERD OFFERS TO MAKE
TO HASTEN!) OF PEACE
Slightly Modifies Proposals
from Government But
Shows Willing Mind
IS UP TO DIAZ.
JUAREZ. Mex.. May IB. Provi
sional President Kransisco I. Madero,
ir., at the conclusion of a confer
ence with Judge Carabajal, the fed-
peace envoy, tonight announced
tnut tnere wag a strong probability
1"-" " " rciorea in me-
ico within a short time.
"Judge Carabajal brought some
propositions." said Senor Madero to
an Associated Press representative.
' and I have made some modifications
In our original propositions. In fact
these concessions, slight .though they
may be, were made to show our will
ingness tog meet the government half
way; and after our military triumphs,
it more than indicates our good dis
position to treat for peace."
Senor Madero declared that he
would have another conference to
morrow night with Judge Carabajal.
By that time the Judge will have
received a reply from ths Mexican
government to the propositions dis
cussed with Senor Madero tonight.
tfenor Madero said that the next
move on the peace checker board
should be made by the Dlai govern
ment but he talked as If tomorrow
there would be a favorable reply from
the government. This immediately
would end the revolution.
There was evident on the other
hand a determination to prosecute
the war should the government re
fuse to accede. He gave the Impres
sion that ths affair had reached the
point of an ultimatum and that the
die would ba cast tomorrow.
0
LEADERS OF AMERICAN FEDERATION OF
LABOR DISMISSED BY SUPREME COURT
Gompers. Mitchell and Morrison Will Not Have to Serve Jail Sentences Imposed by
Lower Court for Contempt in Connection With Famous Suit of
the Buck Stove and Range Company
WASHINGTON. Mar 15. Samuel
Gompers. John Mitchell and Frank
Morrison, president, vice president
and secretary of the American Feder
ation ot Labor, respectively, stepped
from without the shadow of the JbII
today when the Supreme court of the
United States set:, aside their sen
tences of imprisonment (or contempt
growing out of the lltiKatlon between
the Bucks Stovs Kanne company
and the federation.? the highest trib
unal In the land has left with the low
er court, however, jtbs right to re-
opea the contempt jfroesedtntrs. This
gram 01 power, jprouittiiy, win nm uj
accepted, and the case- practically Is
ended with today's decision.
Should Have fkM-ti Fined.
The basis of the court's decision was
the proceedings against the labor of
ficers was contempt which could be
punished only by the Imposition of a
fine. The sentence of the lower court
to Imprisonment was the penalty for
criminal contempt and In the prem
ises, therefore, not a legal punish
ment. The case which grew out of the so-
called boycott of the stove corpora
tion by the American Federation of
Labor three years ngo is one of tbo
greatest Importance alike to union
labor and to the employers of union
labor. The court holda that the pub
lished or spoken utterances of orxan
ised labor can be enjoined or attack
ed legally because organised labor Is
a combination ami relinquishes the
rights of Individuals. It also estab-
DATES ARE SELECTED FOR
OF
First Regiment Which In
eludes Asheville Compa
nies in Camp, July 10-17.
RALEIGH, N. " . May 1J The en
campments by regiments of the North
Carolina National Guard at f'nmp
Glenn. Morehead. this summer will
be held July 10 to August 10. Thin
decision was reach'-d In a conference
here today between Governor Kltcbln
and the advisory bnard of the North
Carolina National Guard composed of
Gen. B. S. lloyster. iford; Gen. f. A.
Macon, Henderson; ' ol. J. T. Gard
ner, first Infantry. Sln-lhy; Col. H. .'.
Bragaw, second infantry, Rledsvllle.
The conference resulted in the selec
tloln of the follow lint dates for the
regiments to be ir, 'amp. First In
fantry, July 10 to IT. Inclusive; sec
ond Infantry, July -'J to 27. inclusive;
third regiment. Auk ist to 10. It
was decided to tak- steps at once
for the erectio.i of two badly needed
storehouses for Camp Glenn. One will
be for the quartermasters supplies up
In the camp ground and the other
will be out on the rifle range for ord
nance supplies.
WASHINGTON, May 1 6. Forecast :
North ; Carolina: f nettled .Tuesday;
Wednesday fair; moderate east winds.
liahes that the prosecution can be lev
eled not only at the union but its of
riclals as well. In handing down Its
unanimous opinion, read Mr. justice
Lamar, the court reviewed the case
brought by the Bucks Stove company
seeking to ertjoin them from placing
the company's name on Its "unfair"
and "we don't patronise" lists, pub-'
llshed regularly In The American fed
eratlonlKt. the official publication of
the federation; Th Is published - list
the company contended constituted, a
boycott.
Injunction Was flrantcd.
The Supreme court of .the District
of Columbia, after a hearing granted
a tern perary Hrlttln fa.
making it permanent three months
Inter. The court's order prohibited
the defendants from attacking the
manufacturing company In their pub
lication or In other unlawful ways.
Shortly after the order was entered
the manufacturing company appeared
In court and charged contempt
against the three labor officials. They
were found guilty and sentenced,
flompers to twelve months In Jail,
Mitchell to nine months and Morrison
to six months. The sentences were
appealed to the District f'ourt of Ap
peals without avail, and the mntter
was then laid before the Hupr. rne
court.
Pefore the Supreme court had op
portunity to hear the testimony, the
Rucks Stove Xt Mange company hsd
settled all Its differences with the
defendants and all that remained for
the court of last resort to do was to
rule In Mm contempt feature of the
long fought lltiKatlon.
NORTH CAROLINIAN LOSES
ALL POSSESSIONS IN FIRE
Blaze in Building at Wash
ington Proves Costly to
Several Tar Heels.
WASHINGTON, May 15. Mr. D.
Mc. Matheson, of Taylorsvllle, lost
everything tliitt tie brought to Wash
ington by fire yesterday morning. In
cluding two suits of clothes, on extra
coat, nn old time silver watch, 17 In
monev and i government check for
I ll.sA
Mr. Matheson rooms at 128 Mary
land avenue, Northeast. After eat
ing his brenkfast Sunday morning,
ab ut x.Sd o i loi k. be went to hist
room on the tblid floor of the lodg
trig houne, smoked a pipe of tobacco,
and then went to the bath room
which was within twenty feet of his
room. He took v. 1th him a pair of
trousers end an undershirt. These
were saved put everything else de
stroyed. Homebody said "fire." and
Mr. Matliepon peeped out Pi find his
room filled with smoke and flames.
Dressed in a serious look and a long
set of h Inkers Mr. Matheson, who
Is a special policeman at the cupltol,
made his way to the, parlor, where
other lodgers were dressing. Soon he
had to hustle out of there for the
flames spread rapidly, and gutted the
bouse.
A neighbor loaned Mr. Matheson a
ry-lnce Albert coat and other togs.
The coat Is about four numbers too
small and fits a little too well for
comfort and looks, but It will do.
Two other North ('urollnlan. W. 8.
Hooks, of Fremont, and Mr. Farnell,
se relarv to Representative KsJS'Wl, .
roomed In the Maryland avenue build
Ing and lost tome of their goods.
FLYINtt KFXOHDS IIHOKF.N.
I JIKIMS, May 16. The speed rec
ords, with and without a passenger,
were twice beaten today in remark
able monoplane flights. A speed of
more than 160 kilometers (99.5 miles)
an hour was attained In the first
flight by the American aviator, Henry
Weymano. . .
Technical Discussion of Cas.
Justice Lamar devoted considera
ble space to a technical discussion of
civil as differentiated from criminal
contempt. In the former only a fins
was permissible, he pointed put, whlls
in criminal Jail sentences could b Im
posed, Ths case under considerations
he said, had been brought by cor
poration In conjunction with suit
In equity and nn to fet paia to th
corporation, alun could be tin nosed
Mad ths court, whose Injunction had
been disobey, felt sgrievad, It ould
navs brought criminal contemct oro
readings In th premises and hvs In-
WnHneaiiljt, dlfclp da
tliig, however, and ths opinion held
that It erred In Imposing In a elvll
contempt case a penalty applicable
only to litigation Involving criminal
contempt. .t
The opinion In conclusion read:
"The Judgments of ths court of ap.
peals and the Supreme court of the
district are revoked and the case r
manded with direction that the con,
tempt proceedings Instituted by the
)ucks Stovs A Range company be
dismissed, but without prejudice to
the power and right of the Supreme
court of the Plslrlct of Columbia to
punisn ny a proper proceeding con.
tempt, if any. committed against It."
in view of the fact that the original
cause or the long dwrawn out litiga
tion has been adjusted out of court.
It Is considered unlikely that the Dis
trict Supreme court will take advant
age of the Supreme court's decision to
reopen the case . against ths labor
leaders.
MiNITY STATUES MAK
EMISCOUOIUST LAW
Defiant In Bath Tub Case
Attempting to Get Into
Supreme Court.
WASHINGTON. May 18. The goy
erSment's case against the so-cslled
bath tub trust took a twist todsy
which may Involve an Interpretation
of the Immunity statutes by the Su
preme court of the United States and
may poslbly thereby afreet nearly
every antl trust prosecution now un
der way.
The ('(dwell Lead company, one of
the defendants In the government's
civil suit asked the Supreme court to
review Judge Howland's recent de
cision in tho united States circuit
court In Philadelphia that one de
fendant In the case when called by
another as a witness could not claim
the protection of the Immunity sta
tutes. The department of Justice holds
that congress Intended the Immunity
statutes to protect witnesses testl
fylng for ths government. Judge How
land so ruled. Department of Justice
officials declare that to allow Im
munity to one defendant In an anti
trust 'suit because he Is called at a
witness by a co-defendant would
practically emasculate the Sherman
law.
XKtJKO LYJfCHBO IX GEOIIGIA
BWAINSBORO, Oa., May 1 5 At
1 1 o'clock Sunday jilght, twenty min
utes after Deputy Wood, whom he
had shot died. John McLeod, ft negro
was dragged from Emanuel county
Jail and hanged by a posse. The
bodv was suspended fr mi tree and
riddle with bullet. Hidden key to
the Jail were found and th victim
quickly strung ap.'-Deputy Sheriff
Wood was shot by McLeod while try
Ing( to arrest th negro on minor '
share.
Government Troops Have All
Retreated Before Advancing
Hosts of Rebels . ,
". 7-. r i .
RAILROADS TORN UP
TO PREVENT PURSUIT
Supplies Within City Scarce
and the Situation Is
Desperato !
CHIHtTAHDA. Mev May !i m '
El ro, Tex.. May IB.) Chihuahua
now stands In direct fear of as st
tauk and many people feel that any
resistance is hopeless. The 3,400 In
surrsctos who are approaching from ,
the south 'today reached Kecalon, ,s
few miles below Jlmlnea. " t '
As they proceed ths Insurreetoi are
tying up tho National rallrosd to pre
vent pursuit by federal troops. Th -federal
troops south of hero are all
retreating . to ; Chihuahua,, having
found It Impossible to stem ths on
ward march of th Insurreetof,
Aro Rapidly Advsndng J i
An armored train,; Ailed with fsaV
era! troops, which went south to oj
n the! railroad soon - returned with
ths report that ths -onemy was In
overwhelming : numbers and an at
tack from th train would have meant
annihilation. Th belief la that the)
Insurrectos will soon tak Jlrolaei toe.
gather with th branch rallrosd run
ning to Psrral and then will encamp?
around' Chihuahua to Attack ths city .
In conjunction with a part of Ma
dero' forces from Jusres.
' Th federal, troops r regarded
ffectlvly bottled tip. Only 1,10 fed
erals ar In Chihuahua city, dsn
rat ftahatos' LJOO men who started
to Junres are cut off from return by
sn lnsurrecto' band which cam In
behind them, - ,
The situation In th city 1 becom
ing dally more desperate. Supplies r
scare. ' All train, and telegraph com'
munlraUnn hat Jbaen, cut off for two
weeks, , , j f j .
w.''u.rFt)dstttffg-sH9. V'rr ' '
, Governor Ahumada today Issued gn
order forbidding the takl-f out of
the city of any foodstuffs, despite tho
appeals of many surrounding mining
camps. . 1
Most people, Inoludlng TOO or IDS
American residents, used up all their
reserve supplies thinking peso wag
In prospect.
Many Americans hav appealed to
Consul Marlon Letcher for proteUo
in eas of an attack. '
More fortification ar blng hurrt
edly built. Th cathedral and all out
lying buildings are wsll fortified eni
trenches hav bn built s cross1
streets that lead to th heart of th
town. " !,'.
Word that th war. was to b con
tinued caused keen . disappointment
especially suffering among ths poor
already seamed to have reached th
limit of endurance. Beggars line th
streets, Hunger drives 'torn to th
extreme of entering restaurant and
grabbing food from tables. v
REVISION OF TARIFF OR
PERLEXESJEKIATS
They Want to Lover Duties
and at Same Time Not '
Disturb Revenues. '" 'J
SOME SAT FREE
WASHINGTON. May !. Demo
cratic members of th ways and
means committee of the house un
dertook today the task of drafting
bill revivslng Bhe wool schedule. Th
committee debated th situation for
three hours Without attempting . to)
reach a decision a to whether . th
bill shall place raw wool on th fr
list or reduce th tariff Aft per cent or
more.
The paramount Issue In revising th
schedule Is rrvenue. To put raw wool ,
on the free list woulud cut off at One
121,000,900 In revenue, while th en
tire wool schedule bring a rtvvenu
of 1410,000.000.
By cutting the duty on raw wool
to five or six cents a pound, -and
making prov vision for a sliding re
duction annuaully of on cent, somo
democrats figure that the Importa
tions would Increase sufficiently
when added to Increase Importation
In manufactured wool due to a ft '.
per cent reduction In that tariff to
cause no disturbance in the govern
ment exchequer. --.c-;. i.'';.' s
It Is probable that In ten day th
tentative bill will be submitted to th
democratic caucus for debate and de
clslon. '.': '. ' "'! 'r.
GOV, CHAMBER LAX DEAD.
. MERIDEN Conn., May 15. Ahlm-,
Chamberlain, governor of Conne - m .
from 1901 to 190S. died at bis ho i.
hr tonight after so t;ir - ct tw
years,