Bemidji Daily Pioneer Newspaper, December 6, 1911, Page 2

THE BEMIDJI DAILY PIONEER Published every afternoon except S;;x- g&! by yt}le Bemidji Pioneer Publishing ; Com @&. E. CARSON. E. H. DENU. ! E. A. WILSON, Editor. In the City of Bemidji the papers are delivered by carrier. Where the deliv- is irregular please make immediate complaint to this office. Telephone 31. Out of town subscribers will confer a favor if they will report when they do not get their papers promptly. All papers are continued until an ex- plicit order to discontinue is received, and until arrearages are paid. Bnblnrlptlon Rate One month, by carrier. One year, by carrier. Three months, postage pmdA Six Months, postage paid One year, postage paid.. The Weekly Ploneer. Eight pages, containing a summary of the news of the week. Published every Thursday and sent postage paid to any address for $1.50 in advance. ENTERED AS SECOND CLASS MAT- AT THE POSTOFFICE AT BE- MIDJI MINN., UNDER THE ACT OF MARCH 3, 1879. COVPOPOOOOROOO® O ¢ THIS DATE IN HISTORY. December 6. 1421—Henry VI of England born. Died May 21, 1471. 1637—Sir Edmund Andros, col- onial governor of New England, born in Lon- don. Died there, Feb. 24, 1714. 1790—Philadelphia became the seat of the national gov- ernment. 1839—The Whig national con- vention, in session at Harrisburg, nominated William Henry Harrison of Ohio for president and John Tyler of Virginia for vice-president. 1857—British troops defeated the Gwalior rebels at Cawnpore. 1862—Gen. Banks’ expedition sailed for New Oreleans. 1865—7United States protested against the French occu- pation of Mexico. 1875—William E. McLaren was consecrated Protestant Episcopal bishop of Illi- nois. 1882—Anthony Trollope, noted English novelist, died. Born in 1815. 1889—1Jefferson Davis, ex-pres- ident of the Confederate States of America, died. Born June 5, 1808. 1905—French senate adopted the proposal for the sep- aration of Church and State. POV VPOPOPOOOOO® LR R R R R R R R R RO IR I CIR IR RO ORI ORI IR ORY WELCOME HOME JOURNAL. Assuming that the Minneapolis Journal meant what it said—and we do not question but that it did— when in a recent issue it declared it would join in the extra session de- mand if proof were produced to show that the senate would pass a reap- portionment bill; assuming this, the Pioneer welcomes the Journal back into the reapportionment fold, for " the Pioneer that it has the proof. We quote the following editorial expression from the Journal: * The Bemidji Pioneer claims to know of more than four State Senators who would change their votes on reapportionment, and adds that they are under pledges signed in ink. But the Pioneer carefully conceals the names of these Senators who have changed their minds since the last session. The Journal is not opposed to an extra session of the legisla- ture, if it can be shown in ad- vance that a fair reapportion- ment bill will be passed. If the Pioneer or anyone else can come forward with the proof . that enough Senators have pledged themselves to join with the re- apportionment forces to put the bill through, The Journal will gladly support the extra session proposal. But so far not a single Senator has thus declared him- self. Of course, practically every member of the Senate would promise to vote for “a fair reap- portionment bill,” if the defini- tion of what such a bill provides is left to him. Such promises are worthless. There were many such that were broken under one pretext or another in the last session. What is necessary is the written pledges of a majority of the Senate to a definite and well understood scheme of reap- portionment. To go into an ex- tra session with anything less than that would be futile. From time to time The Daily Pio- neer feels has printed expressions from southern senators indicating beyond doubt their determination—seven senator or no seven senator amend- ment—to vote for a reapportionment bill as provided for by the state con- stitution. 2 In this issue we call the Journal’s @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@?@@@@ { ilarge enough to swing the balance. particular attention' to the attitude of Senator A. J. Rockne. The Journal understands the fiow- er Senator Rockne wields. The Journal knows he was at one time speaker of the House and that today he is one of the stronge;t men in the senate. Senator Rockne not only says: “If an extra session is called I will vote for a fair reapportionment bill,” but he lets the public clearly understand what he means by a “fair” bill. “I drew the so-called Hanson bill,” he says. This measure gave practically ey- ery county in the state a representa- tive. It was drawn in accordance with the constitution. That is what the senators mean when they say they are in favor of a “fair” bill, judging from those who have writ- ten the Pioneer, and this number is Tomorrow, on the eve of the North- ern Minnesota Development associa- tion’s convention at St. Cloud, The Daily Pioneer will assemble and pub- lish the names of those pledged to a fair reapportionment bill at an extra session. It is up to the Journal to make good on its assertion, for it is rea- sonably certain that a reapportion- ment bill can be passed at an extra session this winter of the Minnesota legislature. senators . 0 o sesian st e wieE S s1e G o * : Catholic Church in America. Editorial From the Outlook. $ . AT ~CorEAGT T * The Roman Catholic church is not a peril to American institutions, its| growth in the United States is not a menace. On the contrary, its deca- dence would be a peril, and the ces- sation of its labors, if that were con- ceivable, would be a menace. It does not, and cannot, minister to the in- tellectual and spiritual needs of all the American people; but neither could the Protestant churches, nor any one of them, minister adequate- ly to the large sections of the Amer- ican people who belong to the Roman Catholic church. And its service to the social well-being of America is certainly not overstated in the fol- lowing paragraph, which we quote from Cardinal Gibbons: “In her view, labor has rights as well as dignity, and included in these rights is that of organization. So- cialism is abhorrent to her teachings and is condemned. She has contend- ed always that labor, like every oth- er commodity, has a fair price, and that if workingmen received a fair wage under humane conditions of employment, and capital a moderate and reasonabl profit’ this grave ques- tion would be solved. Opposed to strife, she disapproves boycotts and favors arbitration as a means of set- tling labor as well as international disputes. Striving to maintain the home, that unit of a strong nation, she has vigorously condemned di- vorce, permitting only that kind of dissolution of the marriage bonds which is known as separation from bed and board.” Such a church is not to be met with a mere spirit of tolerance by those who do not accept its dogmas, share in its worship, or acknowledge the authority of its head. It is to be cordially welcomed, not merely be- cause its ministers to the higher life of its own members, but also because it is promoting the moral order and the social welfare of the entire com- munity. MAY PROVE FATAL When Will Bemidji People Learn the Importance of It? Backache is only a simple thing at first; But when you know ’tis from the kidneys; That serious kidney troubles fol- low; That Bright’s disease may be the fatal end. You will gladly profit by the fol- lowing experience. 'Tis the statement of a Bemidji citizen. Mrs. Thomas Wilson, 111 Park Ave., Bemidji, Minn., says: “I"was troubled by disordered kidneys for three or four years and it was diffi- cult for me to do my work. Having my attention called to Doan’s Kidney Pills, I decided.to try them and pro- cured a supply. They gave me such great relief that I take pleasure in recommending them to other kidney sufferers.” For sale by all dealers. Price 50 cents. Foster-Milburn Co., Buffalo, New York, sole agents for the United States. 4 Remember the and take no other. name—Doan’s— THE PRESIEENT Mr. Taft Ghampluns the Antl trust Statute, NEW REMEDIES SUGGESTED. Not Repeal or Amendment, but Sup- plemental Legislation’ Needed—The Tobacco Trust Decision an Effective One—Federal Incorporation Recom- mended and a Federal Corporation Commission Proposed—The Test of “Reasonableness.” To the Senate and House of Repre- sentatives: This message is the first of several which 1 shall send to congress during the interval between the opening of ks regular session and its adjourn- ment for the Christmas holidays. The amount of information to be commu- nicated as to the government, the number of important subjects calling for comment by the executive and the transmission to con- gress of exhaustive reports of special commissions malke it impossible to in- | clude in one message of a rensonable length a discussion of the topics that ought to be brought to the attention of the national legislature at its first regular session. The Anti-trust Law—The Court Decisions. In May last the supreme court hand- ed down decisions in the suits in equi- ty brought by the United States to en- join the further maintenance of the Standard Oil trust and of the Ameri- can Tobacco trust and to secure their dissolution. The decisions are epoch making and serve to advise the busi- Supreme ness world authoritatively of the scope and operation of the anti-trust act of 1890. part in any substantial way from the previous decisions of the court in con- struing and applying this important statute, but they clarify those deci- sions by further defining the already admitted exceptions to the literal con- | By the decrees ; struction of the act. they furnish a useful precedent as to the proper method of dealing with the capital and property of illegal trusts. | These decisions suggest the need 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 the benefit, freedom and spur of | reasonable competition without loss of real efficiency or progress. No Change In the Rule of Decision, Merely In Its Forni of Expression. The statute in its. first section de- clares to be illegal “every contract, combination in the form of trust or otherwise or conspiracy in restraint of trade or commerce among the sev- eral states or with foreign nations™ and in the second declares guilty of a misdemeanor “every person who shall monopolize or attempt to monopolize or combine or conspire with any other person to monopolize any part of the trade or commerce of the several states 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 was held that it was no defense to show that the agreement as to rates complained of was reasonable at common law, be- cause it was said that the statute was directed against all contracts and com- binations in restraint of trade, whether reasonable at common law or not. It was plain from the record, however, that the contracts complained of in those cases would not have been deem- ed reasonable at common law. In sub- sequent cases the court said that the statute shonld be given a reasonable construction and refused to.include within its inhibition certain contrac- tual restraints of trade which it de- nominated as incidental or as indirect. These cases of restrant of trade that the court excepted from the operation of the statute were instances which at common law would have been cal]- ed reasonable. In the Standard Oil and tobacco cases, therefore, the court merely adopted the tests of the com- mon law and in defining exceptions to the literal application of the statute only substituted for the test of being incidental or indirect that of being reasonable, and this without varying in the slightest the actual scope and effect of the statute. In other words, all the cases under the statute which have now been decided would have been decided the same way if the court had originally accepted in its construction the rule at common law. It has been said that the court by in- troducing into the construction of the statute common law distinctions has emasculated it. This is obviously un- true. ~ By its judgment every contract and combination in restraint of inter- state trade made with the purpose or necessary effect of controlling prices by stifling compehhon or of establish- ing in whole or in part a monopoly of such trade is condemned by the stat- ute. The most extreme critics cannot instance a case that ought to be con- demned under the statute which is not brought within its terms as thus con- strued. The suggestion is also made that the supreme court by its decision in the last two cases has committed to the court the nndefined and unlimited dis- cretion to determine whether a case of restraint of trade is within the terms operatious of the, The decisions do not de- | ot the statute. This 1s wholly nntrue A reasonable restraint of trade at com- mon law is well understood and fs clearly defined. 1t does not rest in the discretion of the court. It must be limited to accomplish the purpose of a lawful main contract to which in order that it shdll be enforceable at all it must be incidental. If it exceed the needs of that contract it is void. The test of reasonableness was never applied by the court at comman law to contracts or combinations or con- spiracies in restraint of trade whose purpose was or whose necessary effect would be to stile competition. to con- trol prices or e slish monopolies. The courts never imed power to say that such contracts or combina- tions or conspiracies might be lawful if the parties to them were only mod- erate in the use of the power thus se- cured and did not exact from the pub- lic too great and exorbitant prices. It engaged in business violating the stat- ute have hoped that some such line could be drawn by courts, but no court of authority bas ever attempted it Certainly there is nothing in the deci- sions of the latest two cases from which such a dangerous theory of ju- dicial discretion in enforcing this stat- ute can derive the slightest sanction. Force and Effectiveness of Statute a Matter of Growth. We have been twenty-one years mak- ying this statute effective for the pur- {poses for which it was enacted. The | | Knight case was discouraging and available power to attack and suppress the evils of the trusts. Slowly, howev- er, the error of that judgment was cor- rected, and only in the last three or four years has the heavy hand of the law Dbeen laid upon the great illegal ! combinations that have exercised such | an absolute dominion over many of our tindustries. Criminal prosecutions have ! been brought, and a uumber are pend Eing. but jur bhave felt averse to con- victing for jail sentences and judges ihave been moest reluctant to impose !such sentences on wen of respectable fst;m(liu;z in society whose offense has been regarded as merely statutory Still. as the offeuse becomes better un- derstood and the committing of it par !takes more of studied and deliberate { defiance of the law we can be confi- tdent that juries will convict individu- als and that jail sentences will be im- | posed The Remedy In Equity by Dissolution. In the Standard Oil case the supreme rand circuit courts found the combina- tion to be a monopoly of the interstate business of refining, transporting and marketing petroleum aund its products. effected and maintained through thir ty-seven different corporations, the stock of which was held by a New Jer- sey company. lt in effect'commanded | the dissolution of this comblnntiog. df- ew Jersey company of bution by the nearly everybody we, A dozen gifts. is true that many theorists and others | seemed to remit to the states the whole | You Gan Figure It Out Yourself You know how long it would take a photograph to get there--- takes to finish a dozen photographs, but few have any idea of how quick with our modern and electric printing apparatus can get the work out for you. makes a dozen Hadn’t thought of that, had you? Hadn't You Better Call In Today? The Ha kkerun Studio Photos at Night as Well as Daytime the stock held by it in the thirty-seven l corporations to and among its stock- holders, and the corporations and indi- vidual defendants were enjoined from conspiring or combining to restore such monopoly, and all agreements be- tween the subsidiary corporations tend- ing to produce or bring about further violations of the act were enjoined. In the tobacco case the court found that the individual defendants. twen- ty-nine in number, had been engaged in a successful effort to acquire com- plete dominion over the manufacture. sale and distribution of tobacco in this 1nd abroad and that this been done by combinations made with a purpose and effect to stifle competi- tion, control prices and establish a monopoly. not only in the manufacture of tobacco, but also of tin foil and lic- | jorice used in its manufacture and of | (Continued on Page 6) GRAY HAIR MAKE YOU LOOK OLD | A Simple Remedy Brings Back the | Natural Color—Dandruff Quick- 1y Removed. How often one hears the expres- | |sion, “She is gray and beginning tox look old.” It is true that gray hair | usually denotes age and is always as- ;sociated with age. You never hear {one referred to as having gray hair K‘aud looking young. | The hair is generally the index of (age. If your hair is gray, you can't| {blame your friends for xeferrmg to! | you as looking old. You can’t retam" a youthful appearance if you allow your hair to grow gray. Many per- sons of middle age jeopardize their | future simply by allowing the gray |hair to become manifest. If your hair has become faded or gray, try | Wyeth’s Sage and Sulphur Hair Rem- | edy, a preparation which a chemist | by the name of Wyeth devised a few | years ago. It is simple, inexpensive | and practical, and will banish the gray hairs ina few days. It is also | guaranteed to remove dandruff and 1promote the growth of the hair. It is a pleasant dressing for the hair, and after using it a few days itching and dryness of the scalp en- tirely disappear. Don’t neglect your hair. Start us- ‘iug ‘Wyeth’s Sage and Sulphur today, and you will -be surprised at the quick results. This preparation is offered to the public at fifty cents a bottle, and is recommended and sold by all drug- gists. knows how long it instruments photographs Xmas "RAILROAD TIME GARDS S00 RAILROAD 1 162 East Bound Leaves 9:45 a. m. 163 West Bound Leaves 4:37 p. m. 186 East Bound Leaves 2:45 p. m. 187 West Bound Leaves 10:38 a. m. GREAT NORTHERN 33 West Bound Leaves 3:30 p. 34 East Bound Leaves 12:08 p. 35 West Bound Leaves 3:42 a. 36 East Bound Leaves 1:20 a. 105 North Bound Arrives 7:45 p. 106 South Bound Leaves 6:30 a. Freight West Leaves at 9:00 a. Freight East Leaves at 3:30 p. Minnesota & International 32 South Bound Leaves 8:15 a, 31 North Bound Leaves 6:10 p. #4 South Bound Leaves 11.35 p. 43 North Bound Leaves 4:20 a. Freight South Leaves at 7:30 a. Freight North Leaves at 6:00 a. m. Miun. Red Lake & Man. * * 1 North Bound Leaves 3:35 p. m.™" 2 South Bound Leaves 10:30 a. m. PROFESSIONAL CARDS LAWYERS RAHAM'M. TORRANCE LAWYER Telephone 530 Miles Block H. FISK . ATTORNEY AT LAW B Office over City Drug Stor= {HARRY MASTEN Piano Tuner ormerly o Radenbush & Co.of §t. Pau Instructor of Violn, Piano, Manda- lin and Brass Instruments. Music furnished for balls, hotels, weddings, banquets, and all occasions. Terma reasonable. All music up to date. - HARRY MASTEN, Plano Tumer Room?36, Third floor, Brinkman Hote). Telephone 535 [ PHYSICIANS AND SURCEONS R. ROWLAND GILMORE PHYSICTAN AND SURGEON Office—Miles Block R. E. A. SHANNON, M. D. PHYSICIAN AND SURGECN Office in Mayo Block . Phone 396 Res. Phone 397 R. C. R. SANBORN PHYSICIAN AND SURGEON Office—Miles Block A. WARD, M. D. ® Over First National Bank. Phone 5! House No. 601 Lake Blvd. Phone 351 R. A. E. HENDERSON PHYSICIAN AND SURGEON Jver First National Bank, Bemidji, Minn. Office Phone 36. Residence Pone 72. R. E. H. SMITH PHYSICIAN AND SURGEON Office in Winter Block % R. E. H. MARCUM PHYSICIAN AND SURGEON Office in Mayo Block Phone 18 Residence Phone 21) INER W. JOHNSON PHYSICIAN AND SURGEON Residence 1113 Bemidji Ave. Phone 435 Offices over Security|Bank. Phone 13¢ DENTISTS R. D. L. STANTUN DENTIST Office in. Winter Bleck DR. J. T. TUOMY DENTIST Ist National Bank Build’g. Telephone 230 R. G. M. PALMER DENTIST [Miles Block Evening Work by Appointment Only C. G. JOHNSON ¢ Lands Loans Stocks Box 736, Bemidji, Minn. Office—Room No. 15, Bacon Block EDUARD F. NETZER, Ph. C. RECISTERED PHARMACIST Postoffice Corner Phone 304 Personal attention to prescriptions ) EW PUBLIC LIBRARY “Open daily, except Sunday and Mon- daylltoi2a.m.,, 1t0 6 p.m.,, 7 to 9 p. m. Sunday 3 to 6 p. m. Monday 7to 9 p. m, BEATRICE MILLS., Librarian.