Norwich Bulletin Newspaper, May 17, 1911, Page 1

Supreme Court Justice Says They Have Usurped Legislative Functions IS ASSOCIATES COURT REVERSES ITS OWN DECISION Interpretation of Anti-Trust Law in Standard Oil Case Not in Accord With Cases—“Men of Power Says the Justice—Taft Washington, May 1 overnmental Wa ngion ine all its branches, gave over the greater part of today to a discussion of the supreme’s ccart dis- | position of the Standard O1] case. Opinien Not Fully Satisfactery. While there was much gratification in saministration circles over the or- der for the dissclution of the glant c: sration, which had been declared “an nreasonable” combination and mo- | nopoly in restraint of trade, there un- | qrestiong Wit was also some misgiving | #s 10 the interpretation of the anti- trust law &iving to courts the right to determine Whether or mot a monopoly was “reasonable’ and declaring a asonable” monopoly not to be in ntravention of the statute. Taft a Little Disappointed. President Taft, who, a little more than a vear ago. in & special message to congress, declared {hat under su- preme courf precedents, there could be B such things easonable” and “unreasonanle” restraints of trade, or in other words. “good trusts” and “had trusts,” was today to have been rather keenly disappointed that the | court should have seen fit to reverse fiself in this important matter. | Taft and Harlan Coincide. | President Taft's message was freely | quoted about the capitol today and the | s-eming similarity as to the scope of | the anti-trust law to the view express- ad by Associate Justice Harlan in his dissenting opinion of yesterday, at- | tracied attention 1o Justice Harlan's position as outlined in his statement 1o the court following = the handing | down of the majority opinion of Chief | tice White. Judges Usurped Legislative Rights. Justice Harlan held that his brother $udzes had no righf to usurp the func- | Ton of the legislative branch of the | govermment by writing. into the stat- wie 2 differentiation between “reason- #mic’ and “unreaconable” He de- clared that congress had resisted all #ppeals to o wmend the act afd that they cotld never be put_ through the lewislative brane Untler these cir- comstances. and in their extremi great aggregations of wealth upplied to the court I an_ effort to have it confiriin the law in & way that world be & flar reversal of whai It had held on twe previous occasions. “The Most Alarming Tendency.” Justice Harlan declined to be a par- ty to such a reversal and hence his d'«senting opinion e denounced as 0§ tmdenoy of the aa the tendenc to judicial legisla- t Men of power, he said, always were fr3ing fo ket the courts to do aft Deferg to the Court. Mr. Taft was quoted by caliérs to- & 79 saying I defer to the decision of the su- fomg court [ am willing to take ms v fros Generally peaking, demoo enators and representa- ticen today frankly expressed their ment as to the “rule of Tea- ihe decision Opin seion and President Taft, twice, also dis- some of his of the president | titud, that né should defer fo the wrt and accept their law his law, vas reflected by the cani- What their opinions might e of them was willing to ad- mit that the decision was’disp Will Await Tobacce Decision, There is . aisposition among cabi- T to awail the decision of the mapreme court in the tobacco case That de % expected May 20 and then policy will be outlined by ths adrinistration to strengthen the auti-trust law o- solve a problem that yesterday's decision seems to have made more vexations then ever be- fore No Special Message. To visitors tonight President Taft deciared that he nad no present inten- tion of sending 3 special message to eongress proposing__additional _anti- trust legislation. There is no Inten- tion upon the part of the administra- tion to check the activities of the de- puriment of justice. Trusts found vio- nting the anti-trust act will be pro- ceeded against, as in the past. Probably No Criminal Procedur Although the metter has bean con- dered, it seemed probable tonight that there would be no attempt to cend criminaily against the direc- tors of the Standard OIL As a whole the cabinet is more likely to favor a federal corporation law than an amendment o the Sherman act Justice Harlan's statement follows: Text of the Opinion. 1 fael constrained by a sense of duty to state some objections which T have fo the opinion of the court, which I have beretofore examined in typewrit- ing. I shall not say anything about the decree. except to sag that upon henring the argoments on this act some s ago. and since my examination this case, I came to the conclusion at the decree of the circuft court was wubstantially right in all particatars. Concurs That It is an lllegal Combin- ation. A5 to the modification referred to by Its Interpretation in Other Try to Influence Courts,” Pisappointed. threat of this country in respect even towthe nelessities of lifc; and congress had before it the great question as to how these evils were to be remedied, 80 far as congress had the power to remedy them. z How Congress Met the Situation. Then_congress said to all the people of this country: “We are not going to bother the courts or ourselves with any mquirs as to what contracts are in resiraint of trade reagonably or un— reasonable. We aer not going to have | Ithat to any jury. We are not going to leave that to any circuit judge. We will defermine it as a part of the pol- icy of the United States that so far as interstate trade is concerned, no body or corporation shall make or at- tempt to enforce a_contract, any con- tract that in any degree restrains in- terstate trade.” Intent of Congress Plain. Can anyobdy doubt the meaning of those words? If you say two and two make four, you would not maKe it any plainer than these words make out the intention of congress. The Trans-Missouri Case. In 1896, fifteen vears ago, @ case was in this court known as the trans-Mis- soari case. The railroads in that case had ceme to make an agreement about rates, and the question was whether or 1ot that agreement was in violation of the anti-trust law of 1890. That question involved the construction as 10 che s>cpe and meaning of that anti- trust law * ‘What Court Said 15 Years Ago. What did this court say? Pardon me for reading a little to show exactly what was {n_ their minds. It is said, in_an opinion delivered by a_great jurist, Mr. Justice Peckham: “While the siatute prohibits all combinations in the form of trusts or otherwise, the limitatlons are not confined to that form alone. All combinations which are in restraint of trade or commerce are prohibited, whether in the form of trusts or in any other form.” True Censtruction of Statute. The next question tobe discussed is as to what is the true construction of the statite, assuming that it applies to common carriérs by railroad. “What i= the meaning” the court asks, “of the language used in the statute that every contract.combination in the form of trusts, or otherwise, or conspiracy in restraint of ~trade or commerce smong the states, or with foreign na- tions, I8 hereby declared to be illegal?” “No Exceptions or Limita! The court says: “By the simple use of the term ‘contract in restraint of trade” all contracts of that nature, whether invalid or otherwise, would be included, znd not alme taat kind of contract which was invalid and_unen- forceable as being in unreasonable re- straint of trade. When, therefore, the body of the act pronounces as illega) every contract or combination in re- straint among the several states, the plain and ordinary meening of such lanzuage is not limited to that kind of contract alone which is fn unreason- able restraint of trade, but all the con- tracts are included in such languaxe and no exceptions or limitations can be adduced without placing in the act that which has been omitted by con- gross Act Applies to Railroads. The conclusion which we have drawn from the examination above made in- to the question is that the anti-trust act applies to railroads and that it renders (llegal— “Of course if it applies to railroads it applies to any other combination— and that it renders illegal all agree- ments which are in restraint of trade or eommerce, as we have defined that expression and, the question then arises whether the agreement before us is of that nature.” And they held that it was. The Joint Traffic Ca But the controversy did not end there. Two years later, another case came from the west, known as_the joint traffic case, decided in 171 U. S. There the question was whether a cer- tain traffic agreement in that case was in viviation of the anti-trust law. Court Asked to Recant Fomer Opinion. Now, for the third ‘time, the same agreements are employved and the court is again asked to recant its former opinion and to decide the same ques- tion in direct opposition to the con- clusion arrived at in the trans-Missou- ri case. Opinion on Safety Appliance Act. Within the last hour, at any rate, an opinion has been handed down for this court today in which, in a case aris- ing under the safety appliance aot, it was said that such and such was the safety appliance act, sueh and such was its meaning; that this court has 80 regarded it in a case declded four or five 3ears ago Wealth and Power Should Make No Difference. 1t is guite-true that what was said in that casc concérned only the lives and the limbs of rairoad employes and pas- sengers. However important the law may be, we will not consider the ques- tion as to whether this former con- struction is right. because if we are Wrong, g0 to congress and get the leg- islation. That is one case. While this ‘happens to be a case of an overshad- owing combination of such vast wealth and enormous power that it may fair- Relaioun, Morocco, May 16.—The sec- tion of the French relief column under Lieutenant Colonel Bavouzet engaged the rebels at Merada on Sunday. The rebellious tribesmen lost 100 killed and 206 men wounde. London, May d6,—The great marbl2 mamorial’ tc Victoria, fronted by a statue of the late queen and surmount- ed by a gilded winged victory, on the plaza before Buckingham palace, was unveiled today by Vistoria's crandson, King George 'V. Londor, May 16.—Dr. William Lioyd, a throat specialist, after another axani- ination today, gave Enrico Caruso a clean bill of health. In-an authorized statement the physician declared that the tenor’s vocal chords were absolute- Iy normal and the larynx fres of the caturrh from which he had_suffered since his arrival from New York. Berlin, May 16.—The Prussian diet today adopted the Greater Berlin biil, which will combins the capital and the suburban municipal cities, forming a matropoliten area with a population of clese to 3,500,000 This unfon wili move Betlin from the sixth to the third posi- tion amcng tre great cities of ‘the world ir point of population. The city ;;oull(d rank next to London and New ork. Liverpool, May 16.—Ednja Stoochs and Spiro Alexsi, Buigarians who are wanted in America on a charge of forgery and grand larceny, were ar- rested here today on the arrival of the Lusitania, upon which they were pas- sengers from New York. The men were commifted in the Bow strest court for extradition. Stooche had in his pos- session a large sum of gold. KEPT INDIANS TO HYPNOTIZE PEOPLE Alleged Indication that Mrs. Ole Bull Was of Unsound Mind, Alfred, Me, May 16—That Mrs. Ole| Bull, widow of the famous viokimist, | was of unsound mind and was under the impression that her death would be brought about by 2 Lebanon, Me. woman, who, she believed, could send killing thoughts over the telephone, was asserted by Attorney Sherman L. ‘Whipple of Boston in opening the case of the contestants of the will of Mrs. Bull, in the probate court of York county today. Mrs. Olea. Bull Vaugha of Cambridge, Mass., daughter of Mrs. Bull and principal contestant, was absent be- cause of illness. Mr. Whipple said it would be shown on evidence- that Mrs. Bull brought “Indians from India to transmit occult power and to hypnotize people, and she surrounded -herself and her household with people to ward off the influence which she believed the Lebanor. woman possessed of.” The attorney also said that at the suggestion of her friends from India, Mrs. Bull made a trip to that country and on her return was called “St. Sa- rah” In her last iliness, said Mr. Whipple, the Indians who surrounded Mrs. Bull would not permit Mrs. Vaughn to see her.and Mrs. Bull died without seeing her daughter. HUSBAND HELD FOR DEATH OF HIS WIFE. Said te Have Been Present During a Criminal Operation. Derby, Conn., May 16.—Clayton L. Wrislev of this city was arrested to- day in connection with the death of his wife, which oceurred last December, Aecording to_the finding of tha cor- cner, Mrs. Wrisley died following an illegal operation. In her ante-mortem statement she implicated Dr. F. B. Downs cf Bridgeport. Wrisley, it is said, was present at the operation. He was’ taken to Bridgeport immediately after his arrest. The arrest of Dr. Downes followed that ‘of Clayton L. Wrisley of Derby earlier this morning, Dr. Downes was admitted to_bail of $1,500, which he furnished. Wrisley, who is the hus- band of the dead woman, was held without bail, on the charge of being an_accomplice to Dr. Downes in the operation PACKERS REGARD THEIR RESTRAINT REASONABLE Want to Reargue Demurrers of Standard Oil Deci Chicago, May 16.—On the grounds that the federal supreme court's Stan- dard Oil decision overrules United States Bistrict Judge Carpenter's de- cision of May 12 in the beef packers’ case, attorneys for the packers today filed a motion for permission to appear tomorrow and re-argue the demurrers, which Judge Carpenter overruled. The whole case again is hung on the question of what is “reasdnable” amd what is ‘“unreasonable” restraint of trade. It was the supreme court’s dic- tum that in effect the word “unrea- sonable” must be read irto the Sher- man anti-trust act, that gave the beet attorneys their excuse for the request to reopen the demurrer argument, BANK VAULT STOOD TEST OF BANGOR FIRE Contents Found in Good Cenditien When Opened Yesterday. Bangor, Me, May 16.—The vault cf the Bangor savings bank in this city which figured in the disastrous con- flagration of April 30, and containing cash and securities to the value of be- tween $5,000,000 and $6,000,000, was opened today by Boston safe experts, and jts contents were found in as good condition as the day they were placed in it. The treasure s mow stored in two of the strongest vaults in the city. THREE DROWNINGS ‘Ool. Steever, U. S. A, So Informs the WILL WAIT TILL NEW GOVERN- ORS ARE APPOINTED. PEACE PROSPECTS BRIGHT War Department—Rebel -Army creased by 4,000 Since Capture of Juarez. In- ‘Washington, May 16—President Diaz of Mexico probably will resign in two months, according to a telegram re- ceived “at the White house tonight To Favor Two Commissions MAJORITY ATTITUDE ON PUBLIC UTILITIES QUESTION, ACTION TAKEN LAST NIGHT Minority of Judi ry Cnn:!uifin Ad- vocates One Commission With Sal- aries at $5,000—To’ Abolish Railroad Commission. T Hartford, May 16—The judiciary commiitee of the general assembly held an executive session here tonight and while nothing was given out, at from Colonel Steever, in command of the Upited States troops at Bl Paso. The felegram follows Prospects of Peace Brighter. “Prospect of peace brighter today and atmistice will probably be agreed upon in 24 hours. Madero demands four places In cabinet, onme of them secretery of war, and fourteen govern- orships. Mexican government agrees to-give him Gobernaccon and justice, nd possibly one other, while the sec- retary .of war is to be chosen jointly by the two parties! Madero to Get Ten Governors “Madero will likely get ten govern- orships. Diaz is {0 resign after new governors appointed, probably in two months. This is the latest fairly re- liable information I can procure Rebel Army Numbers 27,000. The president’s advices indicate that the rebel army in Mexico now num- Ders 27,000, or a gain of 4.000 since the Juarer battle, while the federal army_remains at 23,000. = " Juarez Hopeful of Peace, Juares, May 16.—Peace, the fervent hope of Mexico, now torn by redeilion, tonight seems almost an accamplished fact that those who are negotiating a settiement of the revolt. Armistice’ Within 48 Hours. Judge Carbajal, the federal peace envoy, . has- agnounced that, barring the unforeseen, & general armistice will be declared within 24 hours. Pro- visional President Madero has de- red that mutually acceptable prop- oditions have at last-been reached and Ppeace is assured. O'REILLY ON TRIAL FOR RECEIVING STOLEN GOODS Thaw's Counsel Accused of Acting Go-Between for Crooks. , Neéw York, May 16.—In the same courtroom, where, twice, he acted as counsel for Harry Kendall Thaw, who was charged with the murder of Stan- ford White, Danicl . O'Reilly, a well- known lawyer and once an assistant district attorney, was placed on trial today,.. charged Wwith receiving and holding stolen godds. The indictments against O'Reilly grew out of the rob- bery last March of Aaron Bancroft, an aged broker, who loat $85,000 in se- curities, The assistant district attorney said ‘he purposed to prove that O°Reilly had acted as the go-between for the men ‘who stole the securtties and negotiated for their return for a percentage of the reward. _After several conferences between O'Reilly and William F. Sul van, counsel for Bancroft, the greater part of the securities were turned over to Mr. Suliivan in exchange for $5,000 in marked bills, and of this amount, h charged that O’Rellly received one- sixth, or 3833, - THREE LEGISLATORS INDICTED IN OHIO All Are Charged wi Having Solicit- ad Bribes. Columbus, 0., May 16.—Senator Crawford of Carroll county and Rep- resentative A. C. Lowrey of Lawrence county, Tepublicans, and Representa- tive Evans of Stark county, democrat, were indicted today by the grand jury for_bribe solicitation. Crawford is-alleged to have asked 3200 from the secretary of the Ohio Butchers and Grocers' association, in connecticn with trading-stamp legisla- tion. . Lowrey is charged with solic! ing $1,500 from the secretary of the Ohlo Manufacturers' association for his vote on the nine-hour day for wo- mien DL Evans is alleged'to have so- licited-a_bribe of $650 from the sec- retary of a brewery for his vote in one of the city local option bille. All the indicted legislators entered their appearance and gave bond of $5,000 each. DOUBLE TRACKING OF THE AIR LINE. Expected That the Work Will Com- mence About June 1. (Special to The Bulletin.) Hartford, May 16.—It wae said here tc8ay that the work of double track- ing the Air Line between New Haven and’ Willimantic is about to be com- meneesd and that actual operations will e under way about June 1. A million and a half of dollars is the approxi- mate cost of the improvements and a Year and a half to two years the time that will be required to accomplish it. Operations, it is said, will begin simultaneousiy along the entire roure to be dowble tracked. The elimination of all the 21 grade crossings between the two ecitios mentioned is contem- plated in the plans. When the work 15 finivhed the addition of fast express service between Boston and New York, via Putnam and Willimantic, is to be 1ooked for. AT PORTSMOUTH, N. H. Two Lost Their Lives Yesterday, One the Day Before. Portsmouth, H. May 16—The second drowning accident during the past twenty-four hours occurred this ‘Woman Suffrage in New York. Albany, . Y., May 16.—For the first time since 1895 the question of woman suffrage i§ to_some up squerely for a vote in the New York state senate. By a vote of 7 to 2 the semate judi its close, it is understood that {he committee will submit a majority dnd minority réport on the public utilities question. Majority for Two Commissions. The majority report, it is said, will favor two commissions and advocate a large increase in the powers and re- sponsibilities of the railroad commis- sion, giving it power on complaint to malke Tecommendations as ta rates and services and compelling such rates and service as the commission think rea- sonable. If they are not complied with, -they are required to bring_suit in the superior court of Hartford couniy throush the attorney general Such suits would be given precedence under the rule that state caseg are privileged. ¢ Three Members at $3,000 Each. The same majority, it is understood, will repert in favor of another com- mission to be appointsd by the gov- ernor, to. consist of three members at a year's salary of $3,000 each, to serve terms that will not bring re-appoint- ments together. This board will have practically the same powers as the railroad commission, to deal with a¥ other public service corporations and various other powers, such as super- vision of meters, etc. These -other corporations will be required to make similar reports as made to the rail- road commission. How Committee Dividsd. It is understood that the aommittee is divided, 7 to 4, or 8 to 3. Minority for One Commission. The minority will geport the so- called business men’s measure, it is stated, somewhat modified. It will, it is said, recommend abolishing the railroad commission and will advocate 2 new commission to take both the railroad and other public service cor- porations under control, Salaries Will Be $5,000. Each members of the commission is to_have a salary of $5.000 a year. It is understood that the entire com- mittee is agreed upon an out and out law to mrohibit stock watering. This may come in as a part of the minority report, but if so it will also came as a sepafate report from the majority. It will prescribe heavy penalties for issuing stock which has not been fully paid for and for overvaluing property given in payment for stock. CLEVER HEN HELPS IN CARPENTER WORK. Holds Mails in Beak While Builds Chicken Coop. New York, May 16.—The White Leg- horn hen owned by John Grohan of Glenville, which a few weeks ago fol- lowed him to the troiley car to pay his fare I & nickel he had forgotten, has azai proved her devotion to her master. Grohan enjoyed a half holiday on Saturday and started to baild a small chicken coop. The hen stovd by and watched him pick up the mails and Owner up half a dozen the hen walied over and picked up one with her beak and dropped it in his hand. This was sim- with his job wwhen he smashed his fin- er. With this hancicap he couldn’t hold thing was wrcng, held a mail in her beak. Grohan placed teh hen's head near the board and with a gentle tap started the nail, and the hen then picked up another. It was an easy job after that, the hen holding the nails against the boards and Grohan driv- ing them home. The coop was soon completed. GRAND JURY REPORTS TWO MURDER BILLS. One Homicide at Bridgeport, the Other at Norwalk. Bridgeport, Conn., May 16.—Two true bilis of murder in the first degree wore returned by the grand jury whieh closed its sitting here today. The dil's are against Antonio Coiletta, who on March 19 shot and killed his brother- in-law, Pasquale Mespoli, at the for- mar's home in this city, and against Joseph Segalia and Joseph Bolog of Norwalk, The last two are charged Wwith stabbing to death Steven Gomo- zacak at a reception which followed a Hungarian wedding. The dead man went oat to sk thz accused and three others to stop making a disturbance and was attacked and stabted. MRS. DCDGE BECOMES PRISON HOUSEKEEPER. Will Not Be Attired in Prison Garb, But Can Wear Wrapper. IWinds: M. Dods: e of Lunenburg, who was sen- tenced to serve from four to Six years n the stata prison for the m Heath, was tod eper at the prison and commenced upon the service of her term. Mys. Dodge will nei be obliged to wear prison gach. the women being allowed to wear wrappers of any good serviceable material. not necessari alike foriall, and on Sundays may at- tire thamselves in shirtwaist and skirt. drive them home. After he had picked | ple, and Grohan was getting along well | the nails. The hen, seeing that some- | struction work in that city. ~Mrs. Taft, Wife of the continues to improve, The New is to be enfc A General Strike of All Craftsmen cornected with the builging trades in Holyoke is threateasd. g The School Teachers of Ansonla have demanded an jncrease in.their salaries of $100 a year. ode Istand Curféw Law ced in Providence. The Strike of Hod Carriers at Wa- terbury is not interfering with con- chos: s President Melien States that he does not contemplate removal of. his office from New Haven to Boston. Officers and Men of the American fleet were enthusiasticall¥ entertained by Japsnese officials in Yokohama. The Authorities of Pawtucket, R. 1., have not yet been able to find a place for Harry Sheridan, the leprous boy. Theodore Roosevelt has asked the re- publican league of Nebraska not to piace him in nomination for president. DeWitt Clinton Bauder, dean of the American champagne industry, died in Hammondsport, N. Y., aged 75 vears. The Supreme Court Has Decided that the rights of the fullblood Indian are not equal to those of teh white man. o The Norwegian Government is adopt- ing wireless telegraphy to the peculiar geographic conditions ~of - northern lands. The Forest Fires Continue to Burn flercely in northwestern Pennsylvan'a and in portions of Maryland and Wes: Virginia. The United States Will Seon Come into possession of the remains of the ancient cliff dwellers of southwesterm Colorado. . The Veto Bill to curb the powers of | the house of lords was carried on its third rezding in the house of commens —362 to 241. The Governor of Jerusalem has beén recalled owing to alléged profanation of the Mosque of Omar by ~English archeologists. Jews in Kiev, Russia, are in danger of massacre because of charges holding them responsible for the murder of & Christian boy. Fire Yesterday Destroyed the Mon- tanesca, the largest hotel in the Pocano mountains. The loss is esti- mated at $200,000. The Pope After an Examination ot the separation law in Portugal, abso- lutely condemns it. It will not be en- forced umtil July 1. Entomologists of the American mu- suem of Natural History have found the 17-year-locust in its grub state in the Clove valley on Staten Island. important Ealargement of Its: E trical plant on the New York division is ennounced by the New York, New Haven and Hartford Railrord com- ra Four Year Old George Brohsky of Brooilyn went to his death beneath the wheels of a trolley car just as his mother dreamed the night before that he woull. The Urconstitutionality of the Eight hour bill for-public employes was af- firmed hy the Massachuseits supreme court in an opinion sent to the senate Yesterday. The Third National Conference on city planning \was formally opened. in Philadelphia, with delegates in attend- ance from many American and Buro- pean cities. Six Hundred Employes of the Hum- bert mills of the Amorican Sheet and Tin Plate company have been notified that their services will be no ‘longer required after May 20. Fifty Students of the University of Copenhagen, members of the Danish Students’ Singing society, expect {0 be guests of President Taft at the White House next Friday night. Reports That' 5000 Persons are starving on the Labrador coast are discredited by Captain Kean of the steamship Home, which plles between Curling and Batfle Harbor. That a State Income Tax, for which iegislation there are several bills in the Massa-husetts general court, would be uncopstitutional is the decision of ths supreme court of the state. Missing His Grasp on the Hlndlrén the seat of a heavy motor truck, Mar- tin E. Anderson of South Boston fell beneath the wheels of the heavs ve- hicie at Maiden yesterday and Avas in- stantly killed. / Farmers Throughout Fairfield County are intcrested in the auto cmltivator invented during the *past awinter by Henry Stegman and being put into practical use on his farm in Fairfield this spring. The Carnegie Fund Committee of France has awarded the foundation gold medal to the widow of the French dactor, G. E. Mesny, who lost his life while enzaged herocially flzhting in the plague at Harbin. That Pericarditis Caused the Death p Bavard, son of a gormer sec- etary of statg. who died Sunday at Garfleld hospifal, after a fall from a third story window to a veranda be- low, was the coroner’s verdict. The Supreme Court sentence of contempt imposed in New York court on C. C. Wilson, president of the United Wireless Telograph com- pany, because of rofusal to permit the examination of the company’s books. Approved the Charles M. Schwab, President of the Bethlehem Steel cocporation, believes the supreme court decision in the cass Jerosident | iifisiness at State Capitol Delayed by . structive Tactics TO PREVENT THE REJECTION OF SAXE Failure to Take Such Action by Thursday Would Re~ sult in Governor’s Nomination of Factory Inspector Becoming Effective—Hence Useless Oratory to Kill Time—Republicans Checkmate Scheme. Hartford, May 16—What is known in parliamentary procedure as a fili- buster was used by the democrats in the senate today to prevent the re- Jection by the republican majority of the governor's nomination of John I Saxe of Waterbury as factory inspec- tor and for the double purpose of ‘bringing about a statutory limitation of the time in which the senate could act upon the nomination, Extending the Legislative Day. Paradoxical as it may seem, the dem- ocrats believed that they Were in a position. to win out, either way. The senate went into exedutive session at noon, recessed at 1.30, resumed at 2.30 and ‘recessed shortly after 4 o'clock until 1115 tomorrow, thereby contin- uing the legislative day. May Delay All Business of Senate. The democrats who engineered the fillbuster seemed determined to fight it out on the line of argument even if the eighth legislative day runs all sum- iner, delaying all business which is b fore the semate. The indications to- night were that the democrats would give in tomorrow, however. The Law in the Case. Under the law, the governor's ap- pointments which are made subject to the consent.of the senate, must be confirmed or rejected within ten le; islative days, unless other provisions are made, If action is not taken on | the tenth day the nomination becomes | effective, and the incumbent of the of- fico to whith the executive appoint- ment has been made is ousted. Similar Situation Not Recalled. It i8 not easily recalled fhat such a condition ever arose, the Chief execu- tive for a lpng term of years having been in harmony with the senate po- litically. In this instance, Governor Baldwin sént in the name of Mr. Saxe, a democrat, and the republicans in caucus last week determined to op- pose -confirmation. Senator Platt of Waterbury, a republican, however, fa- vored Mr. Saxe, The democrats had figured it out that Scnators Lounsbury and Fenn, with Mr. Plati, could pes- sibly be counted upon to vote for Mr. Saxe. * Appointment Went in April 27. Last wéek, Senator Woodruff, as the chafrman of the committee on execu- tive nominations, had the matter of an executive scssion set for this noonm, The appointment had gone in April , and this week Thursday would be the tenth legislative day. Democrats Decided to Filibuster. The democrats decided, under Sena- tors Spellacy and McNeil, to fillbuster, relying on senatorial courtesy and lack of the procedure known as mov- ing the previous question, to enahle them to “talk the unfavorable majo; ity report to death.” At the executive sessions. Senators Woodruff and Bart- lett reported unfaverably on the nom- ination and Senator Spellacy brought » a favorable report. The motion carne on accepting the unfavorable re- port. The Flood ef Oratory Starts. The democrats. then began to talk, but it was not until Senator Mitchell was in the midst of an address which lasted forty minutes, that Semator Judson, the republican leader, realized the purpose of the debate. Develop miehis: quickly showed that the Gemo. crats had arranged to talk, giving way to a brother democrat, when they had exhausted their argument. Eighth Legislative Day Not Yet Ended The democrats desired the republican majority to ferce an adjournment which would have made one more leg islative day tomorrow, and then if ad- journment was taken this would bring the tenth legislative day at hand in which action had to be taken. The mi- nority could not force an adjournment and as it appeared the republicans were willing to sit and listen to ihe democrats orate and when they zot tired in the late afternoon they agreed to recess, which did not end the legis- lative day. ‘of the Minority ; Eloquence Heard Only by Senators. As only the senators themselves wers = in the senate chamber, the great flood of words which included execerpis from the statutes, the Congressional = Record, the reports of Factory Insper- tor McLean, scores of letiers fro % manufacturers endorsing Mr. Saxe the letters. having been divided among the democrats in order to B material on which to base their speseh.- €8, and from various publications—ars lost to posterity. Never Such a Filibuster in Nutmeg - State, There were some parliameniary tasi- gies. owing to objsctions to rulings ef Lieut.-Governor Blakesice, who held the speakers close to their subject. Undar senate rules the debats could not he shut off to allow taken. It is sald th a vots 1o be L such a filibuater as this one never before was under- taken in the it legisiature, although some hat twenty - v vears ago an was made filibuster over al nom Spellacy’s Job Four Years Age. Four years ago Senator Spelisey threatened to talk o death an exeige bill-and rather than b such a de- bate inflicted upon it, the senuts gave way and killed a bill io whica the sem- ator had offered objec Senators Lounged on Couches. afternoon in spent in talking. Most tors sat on the cou Dber and paid little atiention toghe de- bate. Theéy would dodge out® of the chamber 10 get a breath of fresis sir. The silver pitchers wers sent out i | be filled up with water, books Wers sent in, and once when Senmtor Spel- telephone direc lacy sent out for th tory there was wonderment a8 10 whether more material for speeches | was needed. | Point of Order Raised had the fioor dur« when Hena- Several démocrat ing the afternoon tor Donovan was reading from_the factory inspector's report Senstor Peci | took exceptions to something that had | been said, an®raised the point of order | that 15 not spesking to the ques- t Lieut.-Governor Fiakesice wp= 1 held Senator Donovan A Second Point of Order. Later Sonator Peck raised a like point of order while Mr. Mitcheil was | speaking, and the chair ruled tha | the senaior was not sparring for | he could continue. Senator Mitehell sat down and Semstor Speliacy begas, after four We moved Cha tive session and shortly the senate rise from exec and resume open seasion. Motion to Resume Open Ssssion. The motion wae lost. He then moved to recess until 8 p. m., but this was amended to make (he time tomorrew at 1115, and this was carried Filibuster Will End Today. Senator Judson believes the demo- cratic senators have exhausted el sratory and_Senator Mahan was of the opinion that the filibuster will end tomorrow, as-the democrats have Jost. Labor Bills Jeopardized. All matters continue on the calendar as they are yme_democratic sem- | ators were worried lest toe fffbuster Will injure the chances of a nember of labor oills which have besn Feport- ed. The report was gemeral that am | agreement has been reached so fhat the railroad companies will come in under & single pubiic utilities commin sion bill to be reported probably om Thursday Judiciary Committ The judiciary divided on the sion, the major missions, one of which would be & ailroad commission with eniarged x;ml;P, 1t the report be irus that fhe committee will agres on & one-commis~ sion bill, the session will probably Be considerably shortened i | B 4 3 i ing for two A VERDICT OF $1,100 AGAINST JACK JOHNSON Italian Sculptor Recovers for a Bust of the Champion. 16.—Jack Johnson, the champion heavywelght pugilist. took the count again today. As in Californja, the law was the victor and it landed a knockout punc hon his big wallet to the tune of $1,100. In the bout foday Johnson was matched at catchwelghts with an Italian sculptor named Cartaino Sciarrino, who weigh- ed far below the heavyweight limit in avoirdupois. Sciarrino made & hust for Johnson and the fighter was to have paid him $4,000 for it. When it came to paying for and tak- ing it away, however, continued Sciar- rino, Johnson always said “Tomorrow.” New York, May The' big fighter, radiant with smiles, | said the bust did mot look like him, and that therefore he refused it. Jury decided the bout in favor of the Beulptor. 5 ANNUAL BANQUET OF MERIDEN TEACHERS. Interesting and Instructive Addresses by Prominent Educators. the learned judge, when I see the epinion and the deeree In print, I can understand them Better, and in the opinion-which T am hereafter to flle [ ean express my views distinctly as te those modifications. AS to all the chief justice has eaid about the jllegal com- nation of this oll wompany and its eoming | within ‘the anti-trust aect, 1 eordially concur. Cannot Appreve Seme Thinge. There are, however, some thongs in s apinlon and that are te this opinion, Which I _think-may | wery well alarm ‘thoughtful men or many_thoughtful men: and 1 am un- wi et ‘m puss th any idea Conditions Which Gave Birth to Anti- Trust Act. The anti-trust act of 1890 was pass- 3 at a \ime this country was in a . #tate of great unrest, arising out of an " on of capital in,a Iy be deemed a menace to the general business interests of the country; but this_difference ought not to induce us to depart from a settled. wholesome rule which, being faithfully observed. will guard the integrity and, secure the safety of the nation and of iits in stitutions against the attacks of e who weuld undermine all law and would for the sake of present ad vantages and ends, be willing to undo the work of the fathers. Judicial Should Not Encroach on Leg- $ islative. Why do I e say to our that is known among the of the.earth it is that provision’in the federal constitu- ton which divides the departments of @government among three co-ordinate ‘branches—legislative, executive, and Judictal; neither branch has the Tight to encroach upon the domain of undo the work of is any feature in the other. % : &g‘w Misohisusins.” : L afternosr. when Albert T. Weich ani ‘Thomas Staples lost their lives in the waters of the Piscataqua river by the capsizing of their boat. Welch was 37 vears of age, while Staples was 32. Both lived in South Eliot, Me. The other drowning was that of Frank Spinney,” who lost his life oc Jecrey Point late yesterday. not mean. the judgment—but parts the opinioms—are to the effect prac- tically that the courts may, by mere judicial construction, amend the con- stitution of the United States or an act of congress, that it strikes me is mischievous; and that is the part of the opinion’ that I especially object L 0. Will Put His Views in Writing. ot hp_“r-.r.’ an .‘":c;‘uq to do ter, whem ] 2o.There _is. much more that I wanted that ciary committee tonight decided to re- port favorably Senator Stillwell’s con- current resolution Proposing an amend- ment to the comstitution by providing full suffrage for native born and nai- uralizéd women. Hartford Princi Exonerated. Martford, ‘Conn., May 16.—Principal Holman of the Hast Hartford sram- mar schoo! haé come out victorious in {he sult brought against him for $1,000 damages for the alleged excessive pun- iehment of a pupil named Prunbawn, judgment in favor of the principal be- inz rendered by Judge Coats of the court of common pleas today. Steamship Arrivals. At Glasgow: May 16, Furnessia, from New York. At Liverpool: May 16, Lusitagia, from New York. . \ 2 At Naples: May 10, Alice, from New York: . - S SUBSCRIPTIONS INVITED FOR PANAMA CANAL BONDS. The Smaller Bidders to Be Given Pref- erence in Distribution. Westingoriagiay 16 Sasretary Mac. Veagh today. ed popular subserij tions to a $50,000,000 issue of govern ment bonds to reimburse the treasu general fund for expenditures on ac- count of the Panama canal. Treasury Lofficials expect the loan will be largely oversubscribed, and in distributing the Tew securitfes the govérnment's an- nosnced intention fs-to give preferenc: to smaller bidders. 1,000 Homeless at Chattanooga. Chattanooga, Tenn., May 16.—One thousend persons are without sheiter tonight as the result of a fire that destroyed twenty houses and two large “pullpens,” in- which men working at the lock and dam on the Tennessee river mear here, ' 4 Lt % of the Srancard Oil company. will clar- ify business conditions in the United States and en1 a period of stagnation. By the Wiil of Walter E. Duryea, the crippled athlete and broKer, the bulk of his fortune, estimated at $2,200,000, goes to Miss Eieanor Peregrine, 5 trained nurse, who acted as his House. keeper for the last twelve vears of his life. Resolutions Expressing Regret that * | Khertean Federation of President Taft traveled on Sunday to Harrisburg, Fa,-to address the big Sunday meeting of railroad men were adopted by the Methodist Ministerial association of Harrisburg and" vicin- ity. L g The Supreme Court of the District of Columbia on its own initiative has instituted new proceedings for con- tempt against Samuel Gompers. presi- dent; John Mitchell “and Frank Morrison, secretary. - of Labor, o Meriden, Conn., May 16.—The first sunual banquet of the Meriden Teach- ers’ association was held this evening at the Winthrop hotel. Upwards of 150 members of the city’s corps of teachers were present and listaned to interesting adiresses _ delivered by prominent educators. H. D. Beebe acted as toastmaster and Supt. W. P. Kelly, Attorney C. J. Dangaher, Charles . Smith of New Britain, a member of tha state board of educafion, and Mac- cus White, principal of the state nor- mal school at New Britain, responded. Mr. White was the principal speaker, his subject being The Evolution of the Echool Teacher. Louis Parkhurst Has Shook. Hartford, Conn. May 16.—Lou's. Parkhurst, for many yzars city editor of the Hartford Times. suffered a stroke of apoplexy at his home on Chapin gl‘uca tonight, and his tion fs critical. - His left side The | ANTI-TRUST LAW WONT f HIT THE LABOR UNIONS Governer Baldwin Thinks Suprems Court Decision a Proper One, New Haven, May 18.—in speaking of the recent decision of the IUinited States supreme court on the Standard Ofl case, Governor Ealdwin tonight said: ‘When writing a book some years ago, I made some study of the provis ions of the Sherman a to the Northern Se made the ocbservation % Brewer In his opinion rendered in one 3 of the cases the@ recently decided wn- 3 der the Sherman act had approved such a construction as would maks the 3 act applicable to unreasonable com- ] tracts ‘and combinations which are i direct restraint of trade. 1 added: Tt seems probable that this will ultimate~ Iy be the prevailing view ' The proph- esy.that 1 thus hazarded seven yemes | ago_has been f the deciston rendered yeste think that | the construction ihus give (o e Sherman act is the proper one “If there is & combination of iaber | organizations to affect the course of | interstate_commerce, but they do 8ot seck 1o effect their object by unres- sonable means, the Sherman act Wi 10 _longer apply to them. “It will affect only = tions whether of c2p are formed to securs straint of trade. h combina- or labor as inreasonanle re- -, Dropped Six Stories to Death. Boston, May 16.—Fiunging from ise sixth floor of a hotei to the paves mentg of Mason streat, John J. WeCog, a traveling salesman from Phiiadels phia, was killed topizht. He was » years old. Wheather it Was & case lent or of suicide is met kmowm. Stimson Confirmed by Senate. ‘Washington, May 16 —Henry Btimson of New York was o by the senate today to be sec war to succeed Jacob M. D The senate also comfirmed Bird t> be avpraiser of g