The evening world. Newspaper, December 2, 1912, Page 1

P) ATHER—Rain to-night, ay clearings col |\FINA EDITION. PRICE ONE CENT. L [" Getton Boks Open oA] irculation Books Open to All.” i Wel DARPTO\N Wa citt Coprright. 1082. by. ‘The New York W ‘The Prove Publishing NEW YORK, MO NDA 1S SMA Raflway Company’s Acquisi- tion of Southern Pacific Stock Is Declared Illegal. MUST BE _ DISSOLVED. Drastic Decision Excludes Rule Of Reason Allowed in Other Trust Busting Cases. WASHINGTON, Dec. 2.—Declaring 1I- Yegtt the Harriman ra:road and ship- Bing monopoly, the Supreme Court to- ay sustained the Government's “trust- Dusting” sult by ordering dissolved the reer of the Southern Pacific, Union Paste and “Salt Lake” Railroads. Harriman’s monument of railroad and Paeific coast shipping combines was helg to be a gross violation of the Sherman Anti-Trust Law. Lighost court emphatically re- fused to invoke its “rule of reason” Jalé down ta the Standard O11 and To- eos Trust enevs to approve the ratl- combine, The merger was declared “amressonably” in restraint of trade. ? rekip ty the Marriman “Rail ©f 45 per cont, of all Southern | Pactllé stock is declared illegal and foundly disapproved by the court. The court, however, ruled that a plan might be submitted to the lower. cour: for approval which would permit the Uaion Pacific to retain the Central Pa- @80 (now called Southern Pacific) con- Reotion from Oxden to San Francisco aad thereby to control that line to the coast, thus affecting such a continuity of the Union Pacific and Central Pa- @ife from the Missouri River to San Francisco as was contemplated by the Aste of Congress under which they were constructed. The decision specific- ely folds that nothing in it shall be odsistrued as prohibiting such a plan feeling paseed on by the lower court. DECISION OF THE COURT WAS UNANIMUS. ‘The interest of the Harriman Com- (pany in the Atohison, Topeka and } @ante Fe and “Salt Lake” Railroads ‘wae held not illegal. The court directed the Circuit Court of Utah to take charge of the dissolu- then of interests of the Southern Pacitic @rook held by the Union Pacific, Presentation of the plans to the Su- Court of the United States within Wie eats is ordered. Thd decieion was unanimous, Justice Vandeventer taking no part. In an- nouncing the opinion Justice Day said: ‘This Court reaches the decision that the Union Pacific and Southern Pacific epetems, prior to the stock purchas ‘were competitors engaged in inter-sta ng independently as to @ lafge amount of such carrying trade, and that since the acquisition of the stock in question the dominating power of the Union Pacific has suppressed eompoetition between the systems nd effected a combination in restraint of within the pro- ginterstate commerce h¥bitions of the act. “In order to enforce the Ftatute the Court is required to forbid the doing im the future of acis like those whi are found to have been done in viol Yen thereof and to enter a decree Abich will effectually dissolve the co: “bination found to exist in violation the statute “he decree should provide an in- fumetion against the right to vote this took whilo in the ownership or con- trol of the Uniou Pacific Company, or (Continued on Second Page.) AVIATOR SUES FOR $10.000. St. Yves Soys Bipinne Wasn't Dew livercd in Mure, Henry St. Yves, the Marathon runner, fil now an aviator jay in the Supren from the Ac anes, Motor and Equip ment Co. of 1780 Broadway, for falure to deliver to him @ biplane on Nev, 14. He says the non-appearance of the machine made it impossible for him to keep an engagement to give ex- hibitions of flying in the Republic of Hayti for which he was to receive the amount sued for. _ No EXTRA CHARGE FOR IT, Advertivements for The Wortd me, be lett ony a ‘District “Messenger ottive in ce * M at the ‘ rf ANT HARRIMAN MERGER OF UNION PACIFIC. ROAD | demanding $10,000) HED BY COURT GOFF RITES FAVORS SHOWN HYDE IN TOS Justice Likely to Demand Ex- planation from Heads of Corrections Department. It was reported to-day that Justice Goff had expressed indignation over the special favors that were shown to Charles H. Hyde, convicted of bribery, by the heads of the Department of Cor- rection. It was said by those who had discussed the subject with the Supreme Court Justice that he was likely to cail upon both Commissioner Whitney and his Deputy, Mr. Wright, for an ex- planation of why they were providing the former City Chamberinin with de luxe a¢commodations in the Tombs and making public declarations of his inno- cence after a jury had found him guilty. In an alleged interview pud!ished to- déy Deputy Commissioner Wright waz mado to say that he had catered to the cemiort of Mr. Hyde because he be- leved in his innocence, In a supple- mental statement made to-day Mr | Wright revised the interview, “I did not say,” he declared, “that i | Was providing Mr. Hyde with the best possible accommodations because I be- leved in his innocence, I did say I be- leved in Mr. Hyde's innocence and I do belleve in his innocence. But the ri son Mr. Hyde was lodged in the War- den's room, so-called, was because the Tombs physician urged that {t woul! be a great hardship to Mr. Hyde to compel a man of his size to sleep on a cell cot. Upon this recommendation I provided Mr, Hyde with more commo- dious quarters, This was entirely and exclusively within the province of the Department of Corrections, and I se: no reason why I should be called upon to make explanations for what amounis to purely 4» humane action. For the first time since his conviction for bribery and his imprisonment in the Tombs Hyde appeared to-day to have recovered from the despondency that had marked his bearing after he heard the jury's verdict. ‘The former City Chamberlain was re ported to be much more cheerful, and to the few he spoke to he expressed con- fidence in the ultimate reversal of the judgment of Justice Goft’s Court. He still refused to see any interviewers and had few visitors, Warden Hanley re- ported that Hyde had enjoyed @ hearty breakfast and seemed to be feeling in ter spirits and more at ease, Hyde occupies @ four-room apartment, vith bath, There are no steel bars .cross his windows or doors, and he has 1 “trusty” for @ special messenger. The District-Attorney's oMfce, it is sald, wil: ask the Grand Jury to inquire why euch special privileges are granted Hyde and refused to other prisoner: The reports from the District-Attor- ney's offic) that there was some mys tery about the fact of Hyde's naturall- zation as an American citiaen proved to ve little igundation upon the examl- nation of the records of the County Clerk's office in Brooklyn, which showed that the former city official became & United States citizen on Sept, 23, 1892. The mystery was made out of the fact that when Hyde was convicted he could not recall the date of his naturalization, The records show that he received his citizenship papers from Judge William J. Osborne of the old City Court of | Brooklyn, Hyde did not state his age jor his birthplace in his naturalization |papers, He swore that he had beea resident in the country more than five | \years and the dweller in the State fo: jo ar. He gave No. 7 Lefferts place | Brooklyn, as his addr It was sald at the Criminal Courts to-day that Joseph G, Robin, convicted of stealing $27,000 from tie Washington vings Bank, would not be permitted to go scott free, no matter how much assistance he has been to the State in the trials of William J. Cummins, Jo- seph B, Reichmann and Hyde, It ts be- Heved that Justice Seabury of the Su- preme Court, before whom Robin e1 tered his plea of guilty, will impose sentence upon the bank wrecker within a week, and that, despite all former stories, Robin will be given a@ short (Continued on Sixth Page) CITY OFFICIAL WHO IS CRITICISED FOR FAVORS TO HYDE. WFWRIGHT (CONGRESS OPENS LAST SESSION OF REPUBLICAN RULE Reminders of Democratic Vic- tory as Members of Both Branches Take Seats. WASHINGTON, Dec, 2.—Congress met Promptly at noon to-day for the short session that will terminate with the In- coming of the Democratic Admministra- tion, March 4. Crowds in the galleries looked down on the animated scenes on the floor as Speaker Clark, in the House, and Senator Bacon, presiding in the Sen- ate, rapped the respective bodies to order at the stroke of 12. It was not quite 12 o'clock when Sen: tor Bacon, President pro tem., took ti chalr at the desk of the late Vice- President Sherman and rapped for order in the Senate. Senators surged through the doors at the last moment, and St took some time to secure order for the prayer by the chaplain, Rev. U. G. B. Pierce. Failure of members of the House to reach the floor delayed the opening of the session in the House about one min- ute after the hour of noon. When Speaker Clark climbed the stairs to the rostrum he was greeted by applause and cheers from the floor and crowded gal- lertes. When the prayer was concluded a burst of applause greeted Representative William Sulzer, Governor-elect of New York, as he took his seat. The roll call by States followed. When the name of former Speaker ‘annon was called the members rose and applauded and cheered the veteran legislator whose services at thie session will conclude forty years in the halls of Congress. ‘Uncle Joe" rose in his place and bowed his acknowledgment of the erecting. After the adoption of the customary resolution to e@ppoint members of a Joint committee to notify the President that Congress had assembled Senator Lodge moved ithat the Senate meet to- morrow at 11 o'clock, It was adopted without debate, the purpose being to sive time for the reading of President Taft's message before the hour eet for the convening of the Archbald court of impeachment at 12.30, Senator Root gave the Senate the formal notification of the death of Vice- President Sherman. Resolutions were adopted conveying the Senate's sympathy to the family of the late Vice-President Senator Borah presented the notifi- cation of the death of his colleague, Senator Heyburn, and Senator Smith of Maryland that of the death of Senator Rayner. Again resolutions of row were adopted and after a of twenty-two minutes the Senate led Out of respect to the memos Vice-President Sherman and Se |ators Heyburn and Rayner, Four new members were sworn in in the Houve. They were Lewis L. Morgan of Louisiana, who succeeds the late Lepresentative Wickliffe; Archibald C. Hart, who succeeds Representative Hughes of New Jersey, elected to the Senate; George C. Scott, who succeeds Iowa, and Edwin A. Merritt, who suc- MONSTER WAVES SWEEP BiG LINERS: TERROR IN CABINS Carmania, Cameronia and the New York Arrive, Bat- tered by Fierce Storm.. STATEROOMS FLOODED. Passengers Panic Stricken as Water’ Breaks Down Doors and Pours Into Portholes. A terrific storm which swept across the Atlantic last week smashed and battered three westbound liners which reached port to-day from twenty-four to thirty-six hours behind their schedule. The New York of the American line, the Carmanta of the Cunard line and the Cameronia of the Anchor line are the vessels which bore the full brunt of the hurricane. Passengers on all three ships were kept below during most of the voy: Bent and twisted stanchions and raili crushed lifeboats and life rafts, broken port lights, dented bulwarks, battered bridges and funnels encrusted with salt bore witness to-day to the height and power of the waves. Passengers told stories of waking up in the night to find their staterooms knee deep with water. On the New York and Carmania, it became neces ary to abandon poftions of the second cabin, which were flooded by water which swept through companionwaysa| from the main deck and through broken ports. PASSENGERS WERE WARNED OF DANGER. The three vessels ventured out into the Atlantic from the Irish coast at about the same time, Nov. 23. Nasty weather was encountered at once. On Tuesday and Wednesday, passengers were warned aguinst ventur- ing on deck. On Friday and Saturday it would have been impossible for any of the passengers to venture out of the section reserved for cabins and saloon Few appeared at meals, and the stew- ards and stewardesses had one of the busiest voyages of their experience. The promenade deck of the New York was almost completely under water for four hours last Friday. The American liner fared worst. At 9 o'clock Friday morning she ran into a hurricane which lasted for five hours. The wind blew from 90 to 100 miles an hour and waves, described by the veteran Capt. Roberts as the highest he ever saw, swept the vessel con- Y, DECEMBER 2, 19132. | AR THREAT TO kKUSSIA MADE BY GERMANY Harriman Railroad Merger Illegal, Must Be Dissolve [ “Circulation Books Open to All.” |_ WEATHER-=Rain to. jhe, 1 18 PAGES “PRICE ONE OENT. ERLANGER ACCUSES STEUER, COUNSEL IN AGTRESS'S SUI Theatrical Manager Denounces Laweyr in Court; Calls Action Blackmail. WOMAN WANTS $25,000. Salary Contract to Avoid “Nasty Scandal.” A bitter denunciation of Max D. Steuer by Abraham L, Erlanger, in which the attorney was called a per- Jurer, blackmailer and jury fixer, marked this afternoon's sult brought by Edith St, Clair, a mu- sical comedy actress, against Klaw & Erlanger, to recover $25,000 on @ con- tract. Mr. Steuer is Miss St. Clair's dounsel and drew up an agreement whereby the theatrical managers were to make ten annual payments of $2,500 each to supplant an oral agreement whereby she was to receive at least 97 for life. This agreement presented by Mr. Steuer, who, the defense claime, threat- ened a “nesty scandal,” was in nature of Dlackmaél, and was so termed at the time, Aug. 7, 1909, according to Er- leaner, ‘dimond L. Mooney, trial lawyer for Miss St. Clair, was sparring with Mr. Erlanger over dates and testimony given at the first trial when tht explosion came. STEVER GENTLE AT FIRST, THEN TERRIBLE. The prominent theatrical man had been replying to questions jn a low tone, almost a whisper. He was asked about Mr. Steuer's attitude when he came to Erlanger's office to discuss a settle- ment. “He was as gentle as a lamb,” sald the witness. ‘He started his talk quiet- ly and in smooth whispers told me what I should do, He was suave and gentle, the same way that he comes into court, and he got me like he does the juries. Only he got a verdict quick- Mr. Mooney, finished, asked: “So you made no bargain with Mr. Steuer? You simply agreed to pay him $25,000? ‘The conditions meant nothing?” “The conditions represented by the cement meant everything. T would $500,000 or $5,600,000 just as when the witness had a quickly.” tinually. Capt. Roberts and his officers, fore- seeing the storm, had made their ship snug and ordered all passengers below, but their precautions did not save parts of the vessel a good drenching. Three Mfeboats and five life rafts w smashed and part of the starboard rail aft on the main deck was carried away. A great wave swept the after saloon companion door from its hinges. The water swept in, broke down a partition and deluged parts of the second cabin. ‘A few male passengers who had visited the smoking room early were unable to leave it while the storm was on. Pres- cott, the smoking room steward, said he saw nothing but water rushing by the ports for four hours. PASSENGERS THOUGHT SHIP WAS SINKING. The Carmania ran into @ terrific storm last Tuesday afternoon. The second cabin was flooded and some of the passengers, finding their staterooms knee-deep in water, became panic- stricken, thinking the ship was eink- ing. On Friday and Saturday, the Car- mania ran through the storm that bat- tered the New York. The Cameronia bucked @ succession of hurricanes, Mrs, Robert J. Wynne, wife of the former Consul General in London, was a passenger on the New York, She went abroad some weeks ago, to place her boys in school and was accom- panied, on her return, by hey daughte: Ruth B, Smith. "My daughter," explained Mrs. Wynne, “suddenly married Mr. Frank Austin Smith, of London, a som ti ago. While it Was not an elopement, the marriage was unexpected {nsofa as I was concerned, Mr, Smith ts a me my daughter will return to her husband's country home in England.” — —>-—-- SAM SCHEPPS STILL HERE. Calle at A stant District-Attore ney’s Office, Sam Schepps, one of the four tn- formers in the Becker case, called at ceeds the late Representative George Malby from New York, The House, after a session of one hour and ten minutes, adjourned until noon to-morrew, e | : late Representative Hubbard of the Criminal Courts Building this atter- noon and visited the office of Assistant District-Attorney J. Robert Rubin. Mr, Rubin was not in and Schepps dott, saying Be would return later, | faith. But Steuer wasn't satisfied and kept crying for more money, He couldn't @o to the Klondike so he went | (Continued on Last Page.) > fine young man and after a visit with | the money was breaking up of The defense claims puid to prevent the Erlanger's home. Mr. Mooney started on a new tack and wound up by saying: “So Mr. Steuer, then, {sa Mar?’ ‘Yes, double-dyed!" snapped the wit- ‘And you are true?” “Well, I guess you could collect more ‘on my reputation than on his. Ask any bank. Or on yours, too, Mr. Mooney.” “You probably have more money,” said the attorney with a smile. “And more honor," broke in the the- atrical man. ‘We'll see about that later.” There was o whort lull when Mr. Mooney exclaimed: “Bo your fight {* against Mr, Steuer and not my client?” DENOUNCES LAWYER, FORGIVES SINGER WHO SUES. “You're not Miss St. Clair’s lawyer, and you know it,” said Erlanger. “You represent the lawyer who represented ‘Bridgie’ Webber, He's a blackmaller, @ perjurer and a jury fixer, I'm figh| ing this case to eee if a man ike Max Steuer can practice law tn this city, I've placed my grievance with the Bar Association and also have gone to the District-Attorney. They know he's a Jury fixer. “As for Miss St. Clair, she kept her PENSION PRESIDENTS $2,000 A MONTH IS | BILL IN CONGRESS, WASHINGTON, Dec. 2.—Penstons for al] future ex-Presidents of the United States at a rate of $2,009 a month; their widows at the rate of $1,009 4 month Jand all minor children in case thelr par- ents are dead at $30 @ month were recommended in @ bill introduced to-day by Representative De Forest, Democrat, of New York, He also proposed a» conatituttonal Producer Says He Signed Life! trial of the! THEATRICAL MAGNA TE WHO SCORED LAWYER AT HEARING TO-DAY. __ABRAHAM L. ERLANGER FOOD FOR THOUGHT ‘MAY LURK IN THIS If You Can Find It, Go to It— We’ve Done Our Best. Homer, Orpheus, tither! Sing did beset Schmelke's oysters, ‘ow, Henry Schmelke's an oysterman and his beds on Ruffle Bar, Ja- maica Bay, oLng jlsiand way—from Canarsie Beach afar. His eye was Peeled—Hen went heeled for any ran- dom poacher, until one day, we regret to he collared an encroacher. One bushel fair of oysters rare from Hank's own bed, ‘twas thus he sald, had been stitched without much rlak-o, His neighbor bagged, to station dragged, was Warren H. Francisco. he law—the law!” Hank Schmelke yelled, as the caltift to a court was haled, His Honor Magistrate O'Connor ordered the prisoner to the cloisters of higher justice-and Henry Schmelke smelled the oysters. “Efteoons! Eftsoon: cried, “The evidence'll be on the fritz. Take this fellow down to Brooklyn, Where the Supreme Court Justice alts.” And #0 he went, so time was spent con- victing W. H. Francisco; but, alas for fragile evidence! Those oysters yielded Assorted scents to make the nose of jus- Uce frisk-o. Convictel by ah smite tune your your all of the fortunes bushel of bloomin’ lyre! Ise shell that ry up tor one are Hen Schmelke the Supreme Court, Francisco took verdict with derision nd through hi wyer made his plea before the Appel-late Division. So up the oysters went—that contumacio: Property~wntil the bench this messa, ent “Bring hither the corpu The Court of Appea weal, reversed the Viction and so by worthy action proved Francisco's \nawsatled prediction that freed he be and—come six, come seven, deltctt!"* o” Woe oF lower court's con- those ruined oysters he'd replevin, N only that, but mark ye well—ore this those oysters sure did— Well, Friend Francisco had his inning the whole case from the beginning re viewed has been In elvil suit against Friend Hank, Vor false arrest, the Dapers say, and for those passe o¥sters Hank has to thank unlucky stars the day he ever started circumtocution on |something called “malicious prosecu- | tion.” “Five hundred bones," tn sprightly tones, has come the ve of the Jury in Justice Garretson's court thie di And for Schmelke, In a fury, there ia nothing but-—to pay Homer, sing this song with feeling Orph', tear off something swell—of how one little oyster stealing may raise one ‘tarnal sm ————_——_ Woman Jumped to Death. GREPNWICH, Conn. Dec 2—Mre, Della McDonough, wife of John sA, Mo- | Donough, committed sutctde yesterday by Jumping from a second story win- dow of the Greenwich General Hospital Ghe had been a patient in the hospital for several weeks and suddenly beca ¥ ins She leaves two children, 0: three weeks old and another two years amendment fixing the President's term at six years and making him ineligible tor re-election. - ol, —_—>—-——_ POR RACING SEE PAGE 18, OYSTER COCKTAIL WARNNG TO RUSS GERMANY READY TO FIGHT FOR AUSTRIA \Kaiser’s Imperial Chancellor De-. clares, “We Will Draw Sword to Assist Our Ally” in Any Con- flict Over Servia’s Demands. ‘ REICHSTAG APPLAUDS HIS DEFIANT TALK. “Will Keep Compact and Fight Side by Side’—Greece Halts Action on Peace Terms With Turkey. BERLIN, Dec, 2.—Imperial Chancellor Bethmann-Hollweg today: uttered a plain warning to Russia that in case hostilities should arise out | of the Austro-Servian difficulties, Germany would draw her sword to assist her allies. The Imperial Chancellor made his declaration in the course speech in the Reichstag in which he discussed the Balkan situation. “It was a repetition of the statement made at the time of the controversy over the question of Bosnia and Herzegovina in 1908, which then caused an immense sensation in the European capitals, Although at that period it first threatened to sweep away the pacific Russian Cabinet, the current of feeling aroused among the Slavs ultimately brought peace. - ee =Dr. von Bethmann-Hollweg, after APOLOGY TO MR. AND rummarising the efforte of the great MRS. JOHN ROGERS. | outtrene in the eapecs fo, Salar ee 5 +] Culreak in the Balkans and later en Tho Evening World expresses deep ahve Leal oe to be inevitable regret that in one edition to-day the| question of the aera pr? the pictures of Mr. and Mra, John Rogers | Powers directly affected ty oe Mb ee were printed In connection with the @ivorece action brought by Mra, John tlement. He sald: WE F. Rodgers against her husband, John @HALL FIGHT 8 DE BY SIDE Rodgera, the similarity of mames lead- WITH OUR ALLI ing to & deplorable error, Mrs. “When our allies, Austria, Hungary John Rogers t# a prominent suffragette pea iar, fa Wolnteenas bys ae and is related to Secretary of War toa prescat creat ne Pra isch a Stimson. and thereby threatened dn thelr exie- tence, then we, faithful to our cem- Pacts, will take their part finmly and WOMEN OF HAREM ESCAPE: FLOCK TO EUROPEAN CITES Take Advantage of War Con- fusion and Get Away, Many Rich in Gems. “Then we shall aight with our altion for tan booed our own position in ‘The Imperial Chancellor was at this Doint of his speech heartily applauded by many of the members present. Dr. von Bethmann-Hollweg gontinued declaring the belligerents in the present war did not dispute the right of the Great powers to have a word to say ip she final settlement of the Balkan ques- lon, in whioh thel involved. a DENIES GRAB BY POWER6 FOR TURKISH TERRITORY, He said the wishes of the powers would carry greater wetght if they were presented collectively. Ni tlons with that end in view were Proceeding and he hoped they would result successfully, Mak Germany, he said, like several ef the other great powers was interested tm preserving Turkey as & powerful ecome mie and political factor. He was ahin, he sald, to deny reports that the great powers or several of them were plam ning the acquisition of Turkish terrttery as a result of the war, It was assumed the Imperial Chancellor was referring port that England was about 1in a formal protectorate ever PARIS, Dec. 2.—~The Turkish harems have been considerably depleted since the Ottoman capital has been threatened by the Bulgarian army, Many of th educated women belonging to the e tablishments of Turkish personages of high rank have taken advantage of th unsettled conditions in Constantinople to excape from the harems and proceed to Western Europe. Several of them have arrived at Mar- seilles on steamers coming from Bast- ern Mediterranean ports, Others have lausanne, Zurich Geni in Switzerland, while a o Paris. to th reached few have come | adopted by the Emm. surprised the howse, Uns the usual @iplo- ances that everything was They show every a ny Chancelo! was exp: ane ce wolng well ins PARIS, Deo, 2.—Greece will not WAR VETERAN A SUICIDE, | th terms of the acmistice proposed tp ‘Turkey, according to Athos Rot Thomas Ki. Sturgess, a seventy-eix-| the Ministei to France, in am Mp terview appearing in the Tempe, year-old clerk who fought in the Ctyit| War, was found dead to-day in nie| The Greek Minister saya he told Pre room In the boarding house of Mre|mier F are this morning that Greepe Mary Dewotr, No, 880 81, N' 18} would repulse any 4 Of permitting - avenue, From the fact that th: Dial | ‘ors sad on. Visioning of places Ike Aduteme Jople, Janina and Seutart instead the eum render of these fortresses, as ached ty’ the allies, man left lotters addrassed to t oner and others, and a glass tha contained some strong acid prepara was tound under his bed, the police have set down the case as one of lag tpt wale 5 | i ' } 1