Grand Rapids Herald-Review Newspaper, May 31, 1911, Page 5

JUSTICE HARLAN FILES OPINION Criticises Standard Oll Deci- ; — Sion of Colleagues, feaaeal CALLS ACTION MISCHIEVOUS Declares Statement of Court That “Due” Restraint is Permitted Was Unwise. Washington, May 26.—Branding as “mischievous” the modifications made by the supreme court in the decree of the lower court, permitting subsidiary corporations of the Standard Oil, after dissolution, to make “normal and law- ful agreement among themselves,” As- sociate Justice Harlan filed in the country’s highest tribunal his formal dissenting opinion in the Standard Oil case. Chief Justice White had char- acterized this modification as a “minor matter.” Not satisfied with his oral dissent from the court’s decision, as handed down by Justice White, Justice Harlan entirely rewrote the stenographic re- port of his remarks from the bench. The oral dissent formed merely, a framework for the final document, eontaining about 8,000 words. The declaration is made by Justice Harlan that he is convinced the court’s opinion “will throw the busi- ness of the country into confusion and invite widely extended and harrassing Utigation, the injurious effects of which will be felt tor many years to come.” “Mischievous Modification.” In connection with what he terms a “mischievous modification,” Justice Harlan quotes the chief justice as gpeying that “it does not necessarily follow that because an illegal restraint of trade or an attempt to monopolize or a monopolization resulted, from the combination and the transfer of the stocks of the subsidiary corporations to the New Jersey corporation, a like restraint of trade or attempt to mo- nopolize or monopolization would necessarily arise from agreements be- tween one or more of the subsidiary corporations after the transfer of the stock by the New Jersey corporation.” “Taking this language in connection with other parts of the opinion,” says Justice Harlan, “the subsidiary com- panies are thus, in effect informed— unwisely, I think—that although the New Jersey corporation, being an illegal combination, must, go out of existence, they may join in an agree ment to restrain commerce among the states, if such restraint be not “un- due.” As in his oral remarks, Justice Har- lan devotes himself largely to criti- cism of the court for holding that not every restraint of trade violates the law. ADOPTED BY THE HOUSE Resolution Admitting Arizona and New Mexico to Statehood. Washington, May 23—The joint resolution admitting the territories of Arizona and New Mexico to immediate statehood, but withholding approval of the constitutions of both states until the people have voted on certain pro- posed amendments to them, passed the house of representatives by a viva voce vote. No roll call was de manded on the final vote. The resolution requires Arizona to | vote on an amendment removing the recall provision as it applies to judges end requires New Mexico to vote on an amendment making its constitution more easily amendable in the future. INFORMATION Is IS SOUGHT Senate Asks if igtapdard Oil Magnates Are to Be Punished. Washington, May 24.—Information as to what steps had been taken for the criminal prosecution of the officers of the Standard Oil company under the recent decision of the supreme court was demanded of the attorney general by the senate, which adopted, without debate, a resolution of inquiry offered by Senator Pomerene. The resolution names specifically John D. Rockefeller, William Rockefeller, Hen- M. Flagler, John D. Archbold, Oli- ver H. Payne and Charles M. Pratt. SIX NEGROES ARE LYNCHED Masked Men Display Forged Telegram and Take Blacks From Jail. Lake City, Fla., May 23.—Six ne- groes were lynched here after a party of more than a dozen men, masquerad- ing as officers, appeared at the county jail and secured possession of the men by presenting a forged telegram to the sixteen-year-old son of the sheriff or- dering the release of the blacks to the alleged posse of officers. House Caucus on Wool. Washington, May 26.—A caucus of the house Democrats to consider the proposed amendment of the wool schedule of the tariff was called by Representative Burleson (Dem., Tex.) for noon on June 12, ‘DIAZMAKES WAY FOR DE LA BARRA Chamber of Deputies Accepts President's Resignation, RAMON CORRAL ALSO QUITS Vice President of Mexico, Absent in France, Resigns at Same Time as Aged Executive. Mexico City, May 26.—President Diaz in a letter read by the president of the chamber of deputies resigned the presidency of the republic of Mex- ico.and the acceptance of the resigna- tion by the deputies was announced. Every one had expected an uproar and demonstration when the an- nouncement should be made, but with- in the chamber there was a dead si- lence. The deputies seemed awed. In the packed streets, however, news that Diaz was at last no more the president was the signal for wild shouting and manifestations. There was no violence nor no destruction of property. On the motion to accept the presi- dent’s resignation 167 deputies voted yea, while two of them did not express themselves. In similar fashion the resignation of Vice President Ramon Corral, now in France, was unanimously accepted and similarly Francisco Leon de la Barra, late ambassador to Washing- ton, was chosen provisional president. Of scarcely less interest in the popu- lar mind was the practical assumption of military contro! of the federal dis- trict by Adrefo Robes Dominguez, Ma- dero’s personal representative. Per- sonally Dominguez commands only a small body of local rebels, but the federal garrison is under his orders to make no move whatever without se- curing his approval. DIAZ TURNS BACK ON MEXICG Deposed President Quietly Boards Ves- sel for Spain. Mexico City, May 27.—Hat in hand Porfirio Diaz, “Mexico’s iron man,” stole from the capital. Only a few de- voted friends whom he dared to trust followed him to the station. He was bound for Vera Cruz to take a ship for Spain. In the distance the retired presi- dent could hear the voices of a few of the more enthusiastic celebrants who still were acclaiming the new presi- dent, Francisco de la Barra, and shout- ing “Viva Madero.” Private telegrams received here re- port the arrival of General Porfirio Diaz at Vera Cruz. According to these advices he boarded the Ypiranga, a Hamburg-American boat. General Diaz undoubtedly will make his home in Spain, probably at Ma- drid, During the recent centennial King Alfonso conferred upon him a title and made him an honorary gen- eral of the Spanish army. Senora Diaz was made a lady in wating to the Spanish queen. CASTRO NO LONGER IN EXILE Former Venezuelan President Leaves the Canaries. London, May 27.—Dispatches re- ceived here from Madrid confirm the report that ex-President Cipriano Castro of Venezuela has mysteriously disappeared from his exile at Las Palmas, Canary islands. It is said that Castro has gone to the United States to assist in the plan for his restoration being engineered in New York by Alexandro Vasquez. BRITISH WARSHIPS COLLIDE Battleship Knocks Large Hole in a Cruiser. Portland, Eng., May 28.—The Brit- ish battleship Bellerophon and the cruiser Inflexible were in collision out- side of Portland harbor. The Inflexi- ble was struck on the starboard bow, where she has a seven-foot hole be- low the water line. Two of her com- partments are flooded. The vessel is now in this harbor making prepara- tions for docking. IVERNIA ON THE BOTTOM Steamer Which Struck Rocks Near Queenstown Has Gone Down. Queenstown, May 26.—Pressure of water in the hold of the beached Cunard steamer Ivernia, which hit Beach rock during a fog, burst her remaining watertight bulkheads. She is resting her full length on the bot- tom. Admiralty divers report that the water can be pumped out and the ves- sel refloated within a week. LORIMER IS ON HIS DIGNITY “| Don’t Intend to Dignify With De- nial These False Rumors.” Chicago, May 28.—“I do not intend to dignify with denial all the false rumors that are printed about me,” said Senator William Lorimer, discuss- ing the Washington report that he in- tended to forestall a second senatorial investigation by resigning. baal RAPIDS HERALO “REVIEW w. PNESOAY, MAY St. 1911. ADJOURNMENT IS [CONGRESS TALKS UP TO SENATE) OF LONG RECESS House Is Prepared to Remain Until December. USUAL CUSTOM IS REVERSED. Chairman Underwood Says Lower Branch Will Continue to Pass Tariff Bills and Send Them to the Repub- lican Body—Finance Committee Wit- ness Tells of Attempted Smuggling. By ARTHUR W. DUNN. Washington, May 26.—[(Special.]— The close of the session is up to the senate. The house will not propose a resolution of adjournment. “We will stay here as long as they want to pass our tariff bills,” said Chairman Un- d@erwood of the ways and means com- mittee. “If they pass them we will send them more; if they do not pass them they must take the responsibility of adjournment. “A resolution of adjournment sent to the house by the senate would be a notice that the senate did not propose to consider any more legislation, and we would have to accept that as a re- fusal to proceed with the program which we have outlined. The respon- sibility for closing the session must rest with the senate, where the Repub- licans are in the majority.” Reverses the Rule. Heretofore all resolutions for ad- journment of sessions which did not end by constitutional Imitation have come from the house. On one occa- sion, when Roosevelt called a special session before the regular’ session in December, neither house would pro- pose an adjournment resolution, and the two sessions came bang up togeth- er. There was an effort to show that there was a period between the ses- sions in order to give the members mileage for the special session, but it failed. In forcing the senate to propose the resolution of adjournment the usual method is reversed, but Underwood in- sists that the house will remain until next December before it will send an adjournment resolution to the senate. A Border Incident. A witness before the senate finance committee told this incident: “I was getting off a train at Rouse Point, on the northern border, when I happened to see a pair of very handsome lace curtains dropped, which seemed to come from very near a lady’s clothing. She gave just one swift glance be- hind her and went on. “I knew her to be one of the wealth- fest women in the neighborhood. She did not stop, because there was a cus- tom house officer right behind her, and he claimed the curtains. 1 think he knew where the property came from, but nothing was said because they were neighbors and it would have brought up a very unpleasant subject.” “Indians Not Taxed.” Tne words “Indians not taxed” have figured in every census report ever made. At present there are 71,832 such Indians in this country, and, strange as it may appear, there is none in Oklahoma. All the Indians of that state are citizens. The great- est number are in Arizona, where there are 24,120. These are the low- est type of Indians in the country at present. New Mexico has 10,318 un- taxed Indians, Montana 9,715, South Dakota 8,212 and New York 4,680. She Stopped Crying. Many years ago when there was a crisis in the nation a very estimable lady came to Washington to persuade prominent mem to save the country. She knew Congressman Thomas But- ler of Pennsylvania, and with him she called upon a number of men and pleaded her cause. At one hotel after talking with a prominent man the good lady was quite overcome and was weeping as she left. Passing through the corridor, the Pennsylvania congressman and the lady, boohoving quite copiously, pass- ed Charlie Bennett, now secretary of the senate and then a member of the house from Brooklyn. “fom, why don’t you pay your washerwoman?” asked Bennett. At that the weeping ceased. The good lady was more than indignant; she was mad clear through. It is not eertain that she would not then and there have allowed the country to face its crisis without her help. At al events, she did not shed any more tears over the situation. Geographical Mistakes. It was an agricultural editor before the finance committee who “blushed to say” that President Taft had referred to the province of Assiniboia, in Cana- da, when there was no such province, Assiniboia having ceased to exist as a territory in 1905. But the mistake was also made by another great man, ac- cording to the editor. “Further,” said he. “the senator from Indiana in a magazine article made himself ridicu- lous by the same mistake.” “Senator Beveridge, the former sen- ator,” interrupted Senator Bailey of Texas. The editor acknowledged that was what he meant, but it was evi- dent that the feeling which for ten years existed between Bailey and Bev- eridge had not departed from the Tex- an with the departure of Beveridge trom the senate. Lawmakers Anxious to Get Away From Washington. HELD BY RECIPROCITY BILL. Long Debate on That Measure Is Cer- tain, but Indications Are That It Has a Clear Majority and Will Pass. Newlands and Heyburn Give Their Ideas About Progressives. By ARTHUR W. DUNN. Washington, May 25.—(Special.J]— Congress wants to get away from ‘Washington. There have been whis- perings about a scheme to adjourn for a few weeks or a few months, and it has even been suggested that the best thing possible would be for congress to adjourn until next December. Of course the president will be ready to have congress depart as soon as the reciprocity bill is passed, but it is the reciprocity bill that bids fair to keep congress in session. There would be no difficulty about adjourning if it were not for the fear of criticism that such a procedure would invoke. The president will not consent to an ad- journment until there has been a vote on the reciprocity bill. The house cannot allow the senate to adjourn until the senate has passed the bill. In fact, there are so many complications that stand in the way of a long recess or an adjournment that nothing will be done at present. May Be Taken Up Later. But the discussion at this time in- dicates that the subject may come up | later, after the debate has run fora long time on the reciprocity bill. That it will be a long debate there can be no doubt. The hearings have been much more extendell than were first anticipated. There have been argu- ments presented which senators op- posed to the reciprocity bill intend to read into the Congressional Record. There is also a feeling among many senators opposed to the bill that the hearings have already had the effect of injuring its prospects and that a lengthy debate in the senate may de- feat the measure. That, however, 1s a doubtful hope on the part of the opponents of reciprocity. At present it looks as if there was a clear ma- jority for the bill and that it can only be defeated by being talked to death. What Is a Progressive? Talking in the senate Senator New- lands several times referred to the pro- gressives. Senator Heyburn wanted to know what he meant by the term, and after considerable insistence and talk back and forth Newlands said his idea was that a progressive was a map who stands for the correction of ex- isting abuses, and he added that there were varying degrees, some were “near progressives, others regular, oth- ers stalwart, others reactionary.” Heyburn was of the opinion that the progressives, reformers or by whatever term they were called were men who “would turn their backs upon the prin- ciples that they had professed and march the other way.” The Idaho sen- ator has no use whatever for those Republicans who do not follow the ma- jority of the party or support the prin- ciples which he believes belongs to the Republican party. Williams’ Conclusion. Senator John Sharp Williams is of the opinion that the American people can compete with the world, or at least he has so stated. During the hearing on the free list bill he interrupted one man who was expressing his fear of this country becoming the dumping ground of all foreign countries to re mark in his most sarcastic tones: “It looks to me as if there was nothing that we could produce in competition with the rest of the world. The man- ufacturers say they cannot live in com- petition, the miners say they cannot, and the farmers say they cannot, and if that is so we have got a right poor country.” A Boom Silenced. Several weeks ago some one started a presidential boom for Chief Justice White. A few papers took it up, and the chief justice received considerable favorable comment. But we shall hear no more of it. Since the decision ir which “reasonableness” of combination in restraint of trade has been written into the anti-trust law in the opinion by the chief justice there will be no further discussion of his availability for president. It is not to be expected that this will worry him in the least. He never took the mention of his name seriously. “New Coops.” Congressman Latta of Nebraska, coming from a farming country, nat- urally uses farm terms. One day he was talking about various commis- sions, bureaus, etc., that had been cre- ated in late years. He called them “new coops.” When asked to explain he said that they had been made for “lame ducks,” and that seemed to be a fitting name for them. Congressman Stephens of Texas, who heard the conversation, said that when the house took up the appropriation bills it would destroy a number of the “new coops” by cutting off the appro- priations to maintain them. But most of the commissions and bureaus have planted themselves firmly upon the government, and it will take a mighty effort to pry them loose. a HOUSE WIRING AND FIXTURE HANGING A SPECIALTY Electrical Supplies and Machinery Ww. N. DELCOUR ELETRICAL CONTRACTOR ‘Leave Orders at HARDWARE DEP’TMENT Henry Hughes @ Co. P. O. BOX 154 Grand Rapids, Minn The Diamond Feed Co. 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