Omaha Daily Bee Newspaper, November 21, 1909, Page 2

- 9 4 OMAHA SUNDAY BEE: NOVEMBER 21, 1909. [NATION STIRRED BY DECISION {One of Most Important Ever Rend- ered, Says Wickersham. T w eip refining, transporting and selling petreleum and its products In this country Court Reviews History of Com “Many of them were engaged in these artioles among the several forcign nations and were competitive “During the ten years prior to 187 Denise Barkalow Geo. M. Reddick the TALK | seven individual defendants had acquirsd I . | control of many corporations, partnerships ‘ 4 and refineries that had been competing in | || | * this business and placed the majority of the stock in those corporations and ihe interests in property In business thus ob. | ||| ‘ tained In various trustees, to be held and || operated by them for the stockholders ul! | F of the nineteen companies in wiich the in- 1 dlvidual defendan® were principal stoek- | [||| Packard service for the benefit of all Packard owners is an essential feature of the sale of the Packard. ~AOTHK PEONDS ANACK ALL DEPTR This sids Fair io be Our Greatest Thanksgiving Event Last Friday we announced it, Saturday we sold Linens, Garments, Millinery, Furs, Fabrics, Bedding, Etec., faster than ever before. Such moderate prices on worthy mer- chandise could result no other way—especially Thanksgiv- ing time, when everyone is buying these things. .. in com merce states and with naturally JOHN. D. WILL NOT 4 of Trust Effect of Decree of Conrt—Gove Refuses to Discuss ernment Geatified. Officials are LEAVENWORTH, Kan one of the most important | rendered in this country,” declared Attor- ney neral George W. Wickersham, when apprised here t morning of the decision |dis=olving the ndard Oll' company, | Mr. Wickersham had just arrived at the federal prison here when waa con- veyed to him by the Assoclated Press. He | had come from Kansas City to Inspect the | prison. Nov. 20.-"It Is decisions ever You can pin your faith to anything bought at this sturo.\ We stake our reputation upon it. Every purchase means an exceptional value for your money. holders and had thereby suppressed com- | |/ petition among these corporations and | |||If partnerships. il | “In 1879, thoy and thelr assoclates cuused |||/ all the trustees to convey their interests ||| in the stock, property and business of all these corporations to.five trustees, to be | hela, operatea and aistributed by them for | | T am very much gratified at the decision, | the stockholders of the Standard Ofl Com. |of course,”” sald Mr. Wickersham. “‘But un- | pany of Ohlo. | til T have been able to see the full text,| *From 1§7 until 1898 (hey prevented these | any opinion I might express must naturally | eorporations and others engaged In this | be of a personal nature. business, of which they secured controi, “It s one of the most Important decisions | from competing In this conimerce by caus- ||| ever rendered in this country Ing the control of their operations and, ||| weather that was experienced ‘A decision of dissolution against a great | generally of a majority of their stocks, te ||| Don’t stop at the supply of present needs. Prices are on the rise. A month hence you will pay more for many of these things. Look ahead—provide for the future. news Monday—Your Choice of Trimmed Hats, worth up to $10.00, at $3.00, $4.00 and $6.00. Monday we offer you an oppor- tunity to buy fine millinery at great reductions. If you are in need of a hat, the savings are considerable. Women's hats, in black and colors, trimmed in the newest fashions with feathérs, wings and velvet, actually worth up to $10—in Monday's sale they go in three lots $3.00 $4.00 85.00 ~Second Floor. Special Clearing of Child- ren’s Hats Monday On account of the inclement during our last sale of chil- corporation like that of the Standard Oll |pe held in trust for the stockholders of the || to hold another sale Monday, been Imposed by law upon a great monop- |yntil 1899 they accomplished the same re- | in order that all may have oly, which ‘has been the object of the anti- |guit by a similar stockholding device and ings. v majority of the stocks of the corporations. G Children's felt nats in a varlety 01] ) } N \ TQ “In the year 1599 the seven individual de- i . VRN IR 4 4 1) bb v to 0 0 (r_:“;:r:.m.\l"llnu::h:yr*" 3380, to N yQ TN T) | madority of the nineteen companies to be | 66 e ’, ° ° I\ | transferred to the Standard of New Jersey | Children's untrimmed felt nats, in — a varfety of colors, values up (Continued from First Page.) |pany thereby acquired the legal title to & . econt Hisor — | majority of the stock of each of the nine- § | account of the important industrial and |panies and of all (he companies which they || Jegal questions and the vast financlal in- |controlled and the power to fix the rates | Landoulet. Close ooupled twenty-one volumes and occupled more |Price of petroleum and its products which || Coms " . N than 10,000 printed pages and the arguments |81l thess corporations should pay and re- || Packard ‘‘Eighteen’’ Town Car—Open Car, Runabout, Limousine and Landoulet. dren's hats, we have decided compan; the utmost that could have |Standard Company of Ohlo, and from 1808 a chance to share in the sav- trust legislation."” by ‘the joint equitable ownership of the of colors, trimmed with bands of fendants and thelr assoclates caused the at, each . 980 snd 480 |in exchange of its stock so the latter com- | to $2, at, each. 480 pistory of the national government on |teen companies, the control of these ccm- e & . s : The Packard ‘‘Thirty’’ also is supplied as a Phaeton, Runabout, Limousine and terests it involves. The evidence filled |of transportation, the purchase and selling | of counsel more than 300 printed pages. cefve In the conduct of their business in | o i X5 Bee 11-21-'09, ~ S —— either of the schools or practical miner who believed & man remained alve. Only last night one of the most experi- ehced of the government experts explained to a reporter how the St Paul mine aif- fered from others where some had ercaped death. The construction of the mine and the character of its geological deposits all were against hoping for any one being save: It was with the greatest anxlety that the crowd awaited confirmation of the report that 150 were allve in the east gal- lery. Difficulty was experienced In reaeh- ing this portion of the mine. It was hat an hour before a s:cond report was re- ce'ved from this section, having it that the number of men allve there numbered seventy-one. ¥. Zararini, one of the rescucd, sald he and his comrades shared the sausige and rye bread in his dinner pall, but it was auickly gone. 8. Zippanit's’ contributicn to the common larder was & bottle of beer. Discovery Aecldental.” The discovery of the men was almost aecidental. They had been drinking sesp- Age and were pounding on the wall In order to make the water drip down. The nolse of the pounding was heard by the rescuers and the work of reaching them Was -begun, It was discovered the men, after eating all their food, had subsisted mostly on bark torn off the pine posts which were used to support: the mine'walls. At 3 o'clock word came from the bottom of the mine that Thomas Bailiff, a miner who Is also postmaster of Cherry, was alive, Inspector Crawford of the State Board of Health, after being down In the mine for half an hour, reported that sixty-seven Of the living were in & eritical condition. They were so weak they were unable to| All (he | stand the exertion of belng moved. doctors were called and arrangements were made for them to go down Into the mine, where a temporary hospital has been ranged. “Some of the men arc so weak t can hardly gasp,” sald Dr. Crawford. ‘‘They are unable to take any solld food and such artificlal stimulants being adminis- tered as our small force will permit.” Willlam Cleland, one of the survivors, atler drinking a bowl of soup, app-ared | rope the worse fcr his experi-nce. “We made the most of cur situation, he sald, sitting in the car and surrounded by nurses. “As soon aB we discovered fire last Saturday and there seemed no ar- | |hope of escape we retreated to a place where water could be found." Submerged Yacht in Jamaican Waters| Vessel Sighted by German Steamer Believed to he Yacht of John Jacob Astor. TAMPA, Fla., Nov. 20.—That a submerged wreck In latitude 23:40, longitude 81 west, | Is that of Colonel John Jacob Astor's | vacht Nourmahal is generally believed by maritime men here, as no other boat in the path of the recent storm in Jamalcan waters has been reported missing or unac- counted for. The wreck was sighted by the German steamer Wotan today. DEATH RECORD. Caleb J. Gregm. | Caleb J. Gregg, 06 years of age, is dead at his home, 2115 Miami street. He Is survived by his wife and several grown- up children. Mr. Gregg lived in Omaha for a quarter of a century and was quite well known. . The body' will probably be taken to Chicago for cremation. Mrs. Mary Benrens. Mrs. Mary Behrens,’ for the past forty years -a resident of Omaha, died Friday evening at her late home, 2206 South Thir- teenth street. She was 6 years of age and had been alling for a long time. A son, Louls of St. Louls; was summoned here several days ago by her near ap- proach to death. Thy funeral will be held Monday afternoon Wwitn services at the home at 2 o'clock and nterment in Pros- pedt Hill cemetery. Infant of E. Rowland Smith, The 2-year-old daughter of Mr. and Mrs B. Rowland Smith, 2223 Central boulevard died Saturday morning of bronehlal pneu- {clal clause of the | competition In commerce among the states The nature of the case and the acter of the declsion appear from the syl- labus of Judge Sanborn’s opinion, which reads: “Congress has power under the commer- constitution to regulate and restrict the use in commerce among the geveral states and with foreign nations of contracts of the method of holding title to property and of every other instru- | mentality employed In that commerce so far as it may be to do in order to prevent the restraint thereof de- nounced by the antl-trust act of July 2, 1500, 26 stat. 200, “Test of the legality under this act is its ne necessary 50 of a combination ssary effect upon or with forelgn nations. “It its mecessary effect is only Inciden- tally or indirectly to restrict that compe- fon while its chief result is to foster | the trade and the business of those who make and operate it, it does not Violate that law. Increase Trade Restriction Illegal. “But if its necessary offect is to stifle or directly and substantially to restrict free competition in commerce among the states or with foreign nations it is illegal within the meaning.of that statute. The power fo restrict competition in commerce among the several states or with forelgn nations, vested fn a person or an assoclation of persons by a combination is indicative of the character of the com- | bination because it s to the interest of the partles that such a power should be exercised and the presumption that it will be. “The combination in a single corpo or person, by an exchange of stock, the power of many stockholders holding the same proportions respectively of the majority of the stock of each of the sev- eral corporations engaged in commerce in | the same articles among the states, or | with forelgn nations, to restrict competi- tion therein, renders the power thus vested [in the former greater, more casily exer- cised, more durable and more effective |than previously held by the stockholders | and itMs illegal “In 1599 the stockholders of the Standard Oll company of New Jersey owned a ma- | jority of the stock of nineteen other cor- | ion of monla. No funeral arrangements have | been made. Willlsm Hew M'COOK, Neb., Nov."30.—(Spectal.)—Wil am Houn, an early settler of this coun dicd In this eity November 15, aged years. Interment was In Calvary cemetery, this city. infant of Joseph Skula, The infant 1716 South Eighth streot, died Saturday | | morning. No funcral arrangements have | been announced. | i dnughter of. Joseph Skala, | |porations n the same proportions that | | they owned the stock of the Standard com- | pany and those twenty corporations con- | troilea, by sthe ownership of the majority of thelr stock or ,otherwise, many other | corporations. “Kach of these corporations was engaged | me part of the business of producing, | | buying, refining, transporting and selling | petroleum and its producis, and they were corducting about % per cent of the produ tion of the crude oll and more than per cent of the business of the purchasing, On His e - o MR. C. W. FOSTER all diseases of the throat, the bronchial vielding to the weight of years, and women testify to the great 1 tubes and lungs. If you wish to keep young, strong and vigorous and have on your cheeks the glow of perfect health, take Duffy’s Pure Malt Whiskey regularly, ing to directions. entire system. moter of health and longevity; makes strong, CAUTION-—When yo ask your Pure Malt Whiskey, be sure you get the genuine. wedicinal malt whiskey and is sold Price $1.00. make sure the seal over the cork Is It tones and strengthens the heart action and puriti It is recognized as a family medicine everyywhere, .uable for overworked men, delicate women and sickly children. accord- the It is inval- It 18 a pro- the old feel young and keeps the young druggist, grocer or dealer for Duffy's It's the only absolutely pure in sealed bottles only; mever in bulk, Look for the trade-mark, the “Old Chemist," on the label, and unbroken. Write Medical Department, The Duffy Malt Whiskey Co., Rochester, N. Y., for a free illustrated medical weaklet and free advice, Pastor’s [ | Advice Mr. Chas. W. Foster, a promi- nent and respected citizen of East Haven, Conn., on the ad- vice of his pastor some ten years ago, took Duffy’s Pure Malt Whiskey as a tonic, with such good results that he has made it his stand-by ever since. “I can highly recommend Duffy's Pure Malt Whiskey, as I have taken It for the past ten years, as a general tonie, It was first recommended to me by a minister, the Rev. Dr. Holton, who had used it in his own family for some time with good resuits. Chas. W. Foster, Lighthouse Point, st Haven, Conn. Duffy's Pure Malt Whiskey is in- dorsed by leading men in all profos- slons, including clergymen, doctors, educators, nurses, lawyers, as well as businéss men and women in all walks of life. It is invaluable in the treat- ment of indigestion, nervous prostra- tion, malaria, chills, low-fevers, and It is a heart tonic, and in old age, when the vital forces are it will bring strength and wigor to the muscular and nervous centers, benefits derived from its use. Duffy’s Pure Malt Whi Many men skey | the safety deposit | continuance and operation | eral char- |tommerce among the siates and with for- | elgn nations. Competition Is Killed. “Since that exchange of stock the seven Individual defendants have been and are stockholders and officers of the Standard Company of New Jersey, which venting, competition In commerce among the states and with foreign natlons among the corporations. “Held: Che transaction constituted a combina- tion and conspiracy in restraint of and to monopolize commerce among the states and with forelgn nations in violation of sections 1 and 2 of the antl-trust act of July 2, 1890, and the government Is en- titled to an Injunction against the farther thereof.” ree enjoins the seven individual defendants, the Standard Oll company and Its subsidiary corporations from continu- Ing or carrying into effect the fllegal com- The de | bination they have formed and from enter- Ing into any like combination or con- spiracy, the effect of which will be to re- strain interstate commerce in petroleum or its products, or to prolong the unlaw- ful monopoly of such commerce obtained by the defendants as stated in the decree and they are forbidden from engaging or continuing In interstate commerce until they discontinue their illegal combina- tion. The decree takes effect ' twenty days from the date of its fililng unless sus- pended by an appeal to the supreme court. BE WILL APPEALED CASE Officers of Company Say That Has Been Understanding. NEW YORK, Nov./20.—It was authorita- tively announced by officers of the Stan- dard Oil company that appeal would be taken from the decision of the United States circult court filed today at St. Paul and St. Louls, as that had been the gen- eral understanding by counsel on both sides of the suit. STOCKS NEW YORK BREAK 1 General Decline of One to Four Points, | with Reading Wenkest. NEW YORK, Nov. 20.—News of the or- der Qissolving the Standard Oll company caused an outbreak of liquidation on the stock exchange and there were general declines of from 1 to 4 polnts in the gen- list. Reading was the weakest, sell- ing at a decline of 4 points from yester- day's close. There were signs of support at the close of the market. At the close the price of Btandard Ofl stocks had declined to $6% 4 share, a de- ine of 12% points from the close of last kht. The stock closed at $89% bid and | 00 asked Thirty-Three Are Exemp ST. LOUIS, Nov. 2.—In addition to the opinion written by Judge Sanborn In the Standard Oil dissolution suit, Judge Adams announced today a separate concurring opinion by Jufige Hook. Thi -three of the subsidlary corpora- tlons of the Standard Ofl company are ex- empt.from the order of dissolution, and the bill 1s dlsmissed as against them. There are more than seventy of the sub- sidiary corporations. 'WOMAN BREAKS DOWN IN COURT (Continued from First Page.) month of October? asked J. J. Hess, county attorney, examining the witness. " answered the witness. “Did you see him at all in 19082 No. The first time I saw him was at the county jafl.” Park Identiffed a page from the hotel register of October 9, 1908, when the Bal- lew party arrived Rents Big Deposit Box. Mabray rented a safety deposit box but in April, 198, he rented one big 1gh to set his grip 1 sald Black, cashler for E. E. Hart, Inc, operator of a private bank “Mabray used to come to the bank with his grip ompanidd by Wilson (the mil- lonaire's secretary.) How did Mabray come to finally give up the box?" asked County Attorney Hess. “He told me that he had sold his business to Mr. Clark.” “What business aid he claim to be in?" “He sald he was dealing in lands. His office was in the Merriam block.” Black Identified a pleture In the group photograph captured at Little Rock as that of J. C. Mabray, the man who rented box at his bank “Who wrote John R. Day on the hotel register?’ asked Hess, of T. W. Ballew, ") er ac | the miked banker, handing him the exhibit trom the Grand hotel “John R Ballew. Tinley Taunts and Tea “What do you make out as your room number there on that sheet,” asked Em- mett Tinley, beginuing to tease. “Two thirteen,” sald Ballew. “Sure it lsn't thirteen? Maybe you are suberstitious.” “No, I'm not a bit." “Well, you ought 10 be" remarked register. Dobbins wrote that,” replied has exer- | clsed, and s still using that power, and by | |1ts use it has prevented, and is still pre- Frank | the | Tinley. The envelopes contalning notes and data from the Little Rock rald on Mabray's house, Introduced as evidence, were with- drawn by the state when John S. Swenson, postoffice inspector, testified as a writing expert that the writing on envelopes was not by the same hand as the contents, A long argument ensued when the state endeavored to introduce a letter taken in New York at the time of Dobbins' ar- rest. The defense contended that there » nothing to positively show that Dob- bins recefved the letter or ever had it in his possession. Jucge Green took pos- session of the letter ard will make a ruling later, The letter connects Dobbins with the Mabray gang, according to the defense. Fred H. Hollingsworth, veterinarian, Council Bluffs, testified to treating and caring Yor two race horses during the fall of 1308. He described the horses and the men who had them Identifing both with the Mabray crowd and the racing layout. Hollingsworth told of happening along the road south of the city, just at the finish of one of the races. This was in July. | Defense Takes Up Motlon. The state passed the taking of evidence for the prosecution at 11 o'clock this morn- ing and motlons were taken up by the defense. Emmett Tinley to strike out portions of the testimony of W. H. Bedford, the jolly Mike from Bolekow, Mo., with reference to various parts of his testimony. This motion assumed importance in that the evidence concerned is part of the connecting link between Dobbins and the Mabray crowd, then in Council | Blutfs, The motion to strike out was overruled. Bursting Botler of Former Days One of the Things the Obstreperous hand- | Dobbins' attorney, moved | CASUALTIES OF OTHER DAYS| Stars and Stripes Office 118 South 14th St. Phone Doug. 1306. chances they to take, or is an old- fashioned killing out of date and not worth ’ | used | printing? “It is easy to explain why we seldom hear of steamboat Botler explosions with accompanying loss of life, becauss steam- boating has nearly passed away. That used to be the horror that we expected to find on the first page of our paper “Except In summer you seidom hear of an old-time drowning. water as ever, how to take better in but people seem to know care of these da | | There is as much ‘ themselves in bouts Every town in the | Auto Has Replaced. | “How can a fellow who has passed tha | hait century stone and a few more beside help feeling that the whirligig is not what it used to be when even the ways in which people get killed are not what they were?” |sald a man who had a box party on the celebration of a birthday. “Every day we réad of sudden deaths on the foot ball field, or from automobile colllslons and spills, or drops from flying machines. How |did people get killed before these modern | aeath metiioas were invented? “You hardly ever hear any more of a sudden killing in any of the old time ways. Is jt Decause people do not take the UL DOCTOR Prescribed Change of Food Instead of Drugs. It takes considerable courage for a doc- | tor to deliberately prescribe only food for a despairing patient, Instead of resorting to Me usual list of medicines. There are some truly sclentific physi-| | elans among the present generation who recognize and treat conditions as they are | and should be treated regardless of Ih!-‘ value to their pockets Here's an In- stance Four years ago 1 was taken with we- vere gastritis and nothing would stay on my stomach, so that I was on the verge of starvation. “I heard of a doctor who had & summer cottage near me—a specialist from N. Y., | and as a last hope, sent for him. “After he examined e carefully he ad- vised me to try & small quantity u(} Grape-Nuts at first, then as my ulun\l(‘h‘ became stronger to eat more. “I kept at it and gradually got so I could eat and digest three teaspoonfuls, Then I began to have color in my face, | memory became clear, Wwhere before | everything seemed a blank My llmbs got stronger and I could walk. So I| steadily recovered. Now after a year on Grape-Nuts I welgh 153 Ibs. My people were surprised | at the way I grew fleshy and strong on this foed.” Read the little book, Wellville,” in pkgs. “There's a Reason. Ever read the above letter? A new one appears from time to time. They are | “The Road to | country | the dissolution of the oll company. genuine, true, and full of human interest. used to have its list of sudden deaths from runaways, but seemiggly ther | are fewer accidents of the kind nowadays. ““Cases of death by breaking through the fce while skating used to be a frequent plece of news. Is the ice thicker now than | it was formerly, or Is the skater smarter | than he was? When did you last read of an o0ld fashioned killing by lightning? People do not sleep on feather beds now, but somehow the lightning does not overtake them as it dia. | “The old graveyards have many graves | of men and boys who were kicked ta | death by unruly horses or mules. It | would seem that when automobiles came into fashion horses got ashamed of them- | selves as death dealers, “There were times when the cradles of | the land were made empty by chidren | swallowing needles. Sewing machine com- panies did away with tyat and now child- ren meet death in somfe newfangled way. Surely times have changed when there | must be kinds of ways for killing people.” LICENSE FOOT BALL GAMES Legislation to Regulate Gridiron Con- tests Suggested in Distriet of Columbia. new WASHINGTON, Nov. 2.—Legislation which would require all foot ball games in the District of Columbla to be played under a license of the pol who would be privileged to stop any game when It be ccmes dangerous to life and health been suggested by Corporation Counsel Themas, as one of the direct results of this year's long list of fatalities on the griviron. has Rockefeller Will Not Talk, CLEVELAND, Noy. 2.—John D. Rocke- teller, president of the Standard Ofl com- pany, today declined to discuss the decl- #lon of Judge Sanborn of St. Paul ordering —_— Bulding Permi A. H. Olmstead, 1801-3 Pinkney _street, two frame dwellings, $3,600; A. H. Olm stead. #14 North Eighteenth street, frame dwelling, $1,500. MOVEMENTS OF OCEAN STEAMSKIPS. Port Arrived Safled SOUTHAMPTON. Adristic LIVERPOOL. ... oee oo Bwmp. of Britaln. *Ask the Man Who Owns One” We have one date in Decomber left open for delivery. Not many cars of our allotment remain unsold. We will be pleased to furnish you with a list of dates of delivery that are still open —or with any other desired information. lectric Garage 2218-20-22 FARNAM STREET A beer just suited to quaff at home —a night-cap for the sociable evening —a refreshing draught for the late supper—a delightful glass to sip under the evening lamp. Stars and Stripes is a foaming, sparkling beverage for the keen palate—for the connoisseur. Have a case delivered to your home. Willow Springs Brewing Co. WE UNFOLD THE Green Trading Stamps $1.80 in Stam| given with cases of large > $1.29 in \ the city for.. $3.00 In Stamps (30) given with each two dozen cases of large bottles, de- livered' in 2. the city for. . Out of town cus- tomers add $1.26 for caso and bottles. Brewery, 3d and Hickory. Phone Dong. 1688. PRINCIPLES of the BUSINEI of the OMAHA LOAR & BUILDING Sol 1. 2. ASSOCIATION atheast Cor, 16th & Dodge Btes To The Public | Because we wish to have the people know Of our safe securities. Money loaned only on first mort- gage on homes, the safest of all mortgage loans. Loans made only up to ong-half the value of these homes. Abstracts showing good title re- quired. Also insurance, Six per cent paid on deposita ASSETS OVER $23,900,000. Your Patronage Solicited! . W. Loomis, Pres. G. M, Nattinger, Sec, & Treas. We Make All We Sell W. R. Adair, Ass't, Sec'y. Gentle Dentistry If you are thinking of hav- ing your teeth cleaned, come to my office and see how much more effectively and carefully 1 clean teeth than any other dentist you have ever known. It takes one-half hour, it costs $1.00, and s worth $5.00 to you. Dr. J. B. Fickes| 216-217 Board of Trade, Both *Phones 8. W. Cor. 16th and Farnam S L4 Omaha Trunk Fagtor “lso fine lne of Leat) Doug. Lese—lase Furuam Lo w/ 1\