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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Dec. 5, 1911)
J i c I , i . fc .-. VOLUME NO. 16 GRANDE UNION COUNTY, OREGON, "WEDNESDAY, DECEMBER; , 1011 V 'MI" '" ' IflFTCIilMS ANTI-TRUST 11 STATUTE NEEDS ADDI TION NOT AMEND MENT HE SAYS TAKIOUS BEMXDIES SUG GESTED TO THE LAWMAKERS president Taft Stands Behind Anti Trust Law In Ilia Special Message' to Congress Bead at Jfoon Today Supplemental Legislation Seeded, but So Amendments Ire In riace Jtfirht Sow. v White House, Washington, Deo. 5. President William H. Taft, today championed the anti-trust statute, gug gested new remedies, and urged sup plemental legislation not repeal or amendment In His regular message to the 62nd congress which convened yesterday noon. The. message says In part: . ' , - ' To the Senate and House or Eepre Bentatlves: This message la the first of several which I shall send to congress during the interval between the opening of its regular session and Its adjourn ment for the Christmas holidays. The .amount of Information to be commu nlcati - as to the operations of the goven mt, the number of Important -subject. cnjUlng for comment by the executive and the transmission to con-, gress of exhaustive reports of special commissions make It Impossible to In clude in one message of a reasonable length a discussion of the topics that ought to be brought to the attention of the national legislature at its first regular session. : ' 'The Anti-trust Law The Supreme Court Decisions, ;: " In. May last the supreme court band ed down decisions in the suits In equi ty brought by the United States to en-' Join the further maintenance of the Standard Oil trust and . of the Ameri can Tobacco trust and to secure their dissolution. The decisions are epoch making and serve to advise the busi ness world authoritatively of the scope and operation of the anti-trust act of 1890. The decisions' do not de part In any substantial way from the previous decisions of the court in construing-and applying this important statute, but they clarify those deci sions by further defining the already admitted exceptions to the literal con struction of the act. By the decrees tney furnish a useful precedent as to the proper method of dealing with the capuai ana property of illegal trusts. These decisions suggest the need and wisdom of additlouul or supplemental legislation to make it easier for the entire business community to square with the rule of action and legality thus finally established and to nr- serve the benefit, freedom and spur of reasonable competition without loss of reai eraciency or progress. No Change In the Rule of Decision, Merely In Its Form of Expression. The statute In its first section, de Clares to be Illegal "every contract combination In the form of trust or otherwise or conspiracy in restraint of trade or commerce among the sev eral states or with foreign nations" and in the second declares guilty pf a misdemeanor "every person who shall monopolize or attempt to monopolize or combine or conspire with any other person to monopolize any part of the trade or commerce of the several states or with foreign nations." In two early cases, where the statute was Invoked to enjoin a' transporta tion rate agreement between inter state railroad companies, it was held that It was no defense to show that the agreement as to rates complained of was reasonable at common law, be cause it wag said that the statute was directed against all contracts and com binations in restraint of trade, whether reasonable at common law or not. It was plain from th iwnr hAn-.' that the contracts complained of in those enses would not have been deem ed reasonable nt conimou law. in sub sequent cases the' court said that the statute should be given a reasonable construction and refused to . include Within Its inhibition tual restraints of trade which If de nominated as incidental or as indirect These cases of restrant of trade that toe court excepted from the operation of the statute were instances which at common law would have been call ed reasonable. In the Standard' Oil nd tobacco CUSP thnratnra ilm J merely adopted the tests of the com- I Klnn lo ....... . I , r uenning exceptions to f ? 1,terl application of the statute i "UD8uratea for the test of being Incidental or indirect that of being pvnaDie, una this without varying the slightest the actual scope and neCt Of thn itnhit. r ii 1 - ""uw. iu uiutr wortus, j u the cases under the statute which ' "Je now been decided would hare decWed the same way if the Jfad originally accepted in its i construction me rule ut common law. It has been snid that the court by in troducing into the construction of the ptatute common law distinctions has -masculated it. This Is obviously un f uc. By Its Judgment every contract and combination in restraint of inter, rtate trade made with the puriwse or necessary effect of controlling prices by stifling .competition or of establish ing in whole or In part a monopoly of s'ich trade is condemucd by the stat ute. "' The most extreme critics cannot instance a ense that oiijrht to be con demned under the statute which Is not Votirht within It term as thus con .'ri'.cd. T!i Simpson ts also made thnt the supreme court b; its decision In the inxf two cases has -committed to the court Hie nTi(bflned and unlimited dis cretion to determine ''Whether a case of restraint of tn.de Is with.t the terms of the statute. This is wholly untrue. A reasonable restraint of trade at com mon law Is well understood and is clearly defined. It does not rest In the discretion of the court... If .must be limited to accomplish theurpoMe of a lawful main contract to which in order that it shall be enforceable at all it must be incidental. If It exceed the needs of that contract it is void. The test of reasonableness was never applied by the court at comman lawf to contracts or combinations or con spiracies in restraint of trade whose purpose was or whose necessary effect would be to stifle competition, to con trol prices or establish monopolies. T-C "?frt? ' nnnl nnww to say that such contracts or combina tions or conspiracies might be lawful If the parties to them were only mod erate in the use of the power thus se cured ana did not exact from the pub lic too great and exorbitant prices. It is true that many theorists and others engaged in business violating the stat ute have hoped that some such line could be drawn by courts, but no court of authority has ever attempted it Certainly there is nothing in the deci sions of the latest two cases from 9 Ell JOSTLE ElED aT POLLS BITTER FIGHT COMING TO CLOSE IN LOS ANGELES BIGGEST VOTE EVEtt CAS IS PREDICTION: MADE TODAY Women and Men Bnb Shoulders at Polls to Determine Heated Municipal Election McNamaras' Confessions Supposed to Be Aid to Antl-Soclul-. 1st Movement The Weather Is Splendid. MllffiiE GISEBSEOIEOCE LIFE TERM FOR JAMES AND ' 15 YEARS FOR JOHN 8 $ ? GOOD GOTEEXMEST MEN 3 CONFIDEXT. ; Los Angeles, Dec. 5. The good government committee this ai- 3 ternoon claimed the election by an overwhelming majority. It is estimated that 70,000 votes are Q cast and that half of those cast 'are by iromen.---V',T'A'"4"'' ' (Continued on P f 2) il I IIIU Ulll 1 1-ilU Los Angeles,' Dec, 5. Shoulder to Bhoulder with women who vote for the first time here, big crowds were at the polls today, deciding the mayoralty election after the bitterest fight In the city's history. The opponents are May or Alexander,' representing' the ! good go eminent forces and Job Harriman, union labor socla'lstl ".The weather IsL Ideal. ' :;.':-' -v . Alexander's chances are favored ow ing to the McNamara confession. . Throughout the campaign has baen, bitter and the pulse of the ejj&wpjt'ify i wllL ba-e-t fever heat until the final ' result Is known. Seven hnndred and fifty special officers are sworn In to guard the city's Interests and indica tions early pointed to the heaviest vote ever polled in Los Angeles. The t ual registration exceeded 180,000 and of THOSE IMPLICATED KXOW. TO DISTINCT ATTORNEY AH Bravado Is Goim When Conf8Mrs Come to Court to Hear Their Fate Court Scathingly Attacks Both, Cal ling Them Murderers at Hearts State Begs for Life of James Mc Namara. Los Angeles, Oas. , 5. .Tames L't Xamara was given a life sentence in San Quentln toJiy b Ju'lgJ Bordwell who first denounce I him cs a murder er at heart and declaring there are no extenuating circumstances iu the case. John McNamara was given 13 years in San Quentln. John was secretary-treasurer of tiie International1 Association of "Bridge uu wL il . :r;ti,T7!;rt?r?. bitterly' denounced by both tTie dis trict attorney and the Judge. . " At the last minute the Judga an nounced that he would sentence the McKamaras In Judge McCormlck's courtroom In the hall of Justice build ing instead of his own In the bail of records. At 10:15 the Judge arrived and took his eat. At 10:20, the Mc Namaras, handcuffed to the sheriff and his assistant, entered and took e position at the district attorney's ta ble. Shortly after 10:30. "Jim" was sentenced after District Attorney jjprederlcks made a plea for a life sen tence. .' : ... . . : t--" : y. Socialist Still Expressive ; MBS TATTEBSOX ACQUITTED OX t,ie8e about 80,000 belong to the newly ' - . LIE, SAID. enfranchised women and they will be the ones to really decide the election, Star Witness Averred a Perjurer . Counsel May Be Tried. I Denver, Dec, 5. That Mrs. Patter son was acquitted of the murder of her husband on perjured testimony is the charge of Prosecutor Benson and which the Denver Bar association will investigate. He asserts the testimony of Francis Easton, the star, witness for the defense, was manufactured and Judge Hilton, chief counsel, will be asked to explain. If the association sustains the Benson charge Easton Is to be tried for perjury. 1 Italians Win Victories. Tripoli, Dec. 5. News reached here today of two battle near Benghazi and Derna. The Italians were victorious in both battles. It Is believed. TEXDLETON KILLS COMMISSION'. Matlock Is Chosen Major by Sninll Margin In YVhcat Town.. ' Pendleton, Dec. 5.- (Special. Pendleton yesterday defeated the pro posed commission form of government by a margin of 24 votes. The opposi tion developed at certain clauses in the new charter which was deemed un suitable. The general plan of the com mission government did not have the specializing of responsibility feature, the work beng handled for the city by three men Instead of one man as is generally outlined in commission forms now, " t W. H. Matlock was selected as may- or by a small majority. HANDS (UP) ACROSS THE SEA: TV I , - x Atm Morris in Spokane 8pokesman-Revlw. , "The bargain was kept The prom ise made by counsel for the McNam aras and the big business men who wanted the cases disposed of prior to i the municlpal.election, were suffocat ed by Judge Bord well." For this rea son, It Is charged - by the unionists, James, the murderer of 21, got "life." All the bravado was goue' when he faced the Judge. ; The Judge said that James deserved the gallows but rec ommendations of the prosecution sav ed him. James almost collapsed when he sat down. - - John then stood up. His eyes were sunKen ana showed deep worry. The Judge said he waB fully as guilty as his brother. Then the men 'were hur ried back to Jail. , After returning to his office District Attorney Fredericks said: "Some la nor leaders who are denouncing the McNamaras are absolutely as guilty as they and I know they are Implicated in the dynamiting outrages. I .know as much, about them as does James McNamara himself. I know exactly who were Implicated and the Judge's sentence was right." : Epoch Akin to Bebelllotu "I am perfectly satisfied with the outcome," continued Fredericks. 'iJOrdwell did exactly right The ends of Justice are best served. On the outcome of this case means more than anything else happening since the civ il waran epoch In America's history. It means a passing of the bludgeon and strong arm from the ranks of la bor.' There was no bargaining In this case. This was proved when James In his statement In the courtroom this morning, threw his life In Judge Bord well's teeth and the Judge threw It back at him. ' ' Darrow and his associates declined to make any statement at this time. 'I did not know what the sentences of the McNamaras would be when I appeared in court today. And neither did the defense attorneys know. All this ' 'stinking" Steffens' business of fixing the case makes me tired. I don't know when McManigal wjll be aralgned. I want it' to be soon." ' Ylsltors Are flearched. V Hall of Records, Los Angeles, D Jc. 5. Every man who entered Judge Bord well's court this mornSsg was searcn ed by Detective Browne and a picked force of men. He said he had received Information of an attempt that might be made to shoot the McNamaras while they wer being sentenced. The McNamaras slept fair last night and although extremely nervous be fore being taken to the court house, they said they were willing to "take their medicine." They said if they got prison sentences, they'd both work tor a parolw for hith they will bveonie eligible iu seven years. S;hm-IuI Guards at Jail, -'here U luuch bitterness against the priwoitprs among the labor ing men of the city who declare the McNam aras betrayed the men who trusted them explicitly. During the night Sheriff Hammel had a special force of guards patrolling the Jail yard and ex tra precautions were taken to mako sure no untoward event could happen, Darrow and (Sompcrs in Tilt Acordlng to Attorney Darrow today. Samuel Gompers whfn In Los Angeles didn't ask hiui whether the McNam aras were guilty or innocent, as he asserted in New York. Gompers ; Darrow had deceived him, which 3 row denies. J McNamaras Are "DoneA This afternoon Fredericks t was through with the McNaiu id positively denied that, either ic Namaras will help the state r In the prosecutions connectf ' -i the Times or other dynamite' ;i','ies In this section. -' -j ; "What the federal author. . will do I don't know," said Fredericks. He said the bribery charges will probably proceed, although a strong effort Is be ing made to have the whole affair drop ped. , Sheriff Hammel Is'- undecided when to take the prisoners to San t" j"'" bv. an elaborate guard to accompany htm as they must be taken through San Francisco, and trouble might attend the transfer. ulliL UliikUULb III lULLUalL TOT OF 13 YEAH3 CAR RIED FHOL1 AUTIIOIII TIE3 BY PAHE2ITS SENSATION AL BREAK I K03I CSION ONLY ONE INCIDENT fliclals Last Mght Orrjake Fugitive Family Sear Summit of Blue Moun tain Where Tucjr YVere Camped to Host Flight Has Been Long and Furious Cirl Will Be IJeturncd to Portland. " Delhi lias Excitement of Act of In v , cendlary CrlnilnnL Delhi, British India, Dec. 5. An in cendiary today burned the reception tent prepared for the coming of King jQeorge and Queen Mary, who arrive from Bombay tomorrow, Extensive precautions are taken to guard against danger to the lives of their majesties. PACKERS LOSE BEFORE COURT SCl'KEME TBI HUN AL DEN IES STAY IX TRIAL. Stirring chases that smack inter mittently of pathetic Instances, dar ing escapades and gruelling climbs by the fugitives who dragged a 13-year-old girl ffoui Sununervllle up the Toll Gate road td a point near the summit yesterday had a climax at "the sum mit" this morning at 4 o'clock. 1 The startling chain of escapes and bold breaks by a La Grande family to "get a W'&J'"... with . their 13-yoar-old daugh ter grew out or an auenrpt u Mlss Hattie Wright, daughter of Mr. and Mrs. Jack Wright of this city, from returning to the Good Shepherds' Home at Portland where tne has spent the past two years but was released a few days ago and brought to La Grande by Officer Faulk on the supposition she was to be given to the parents If they showed a disposition to care for her. This is the family which Jumped Into calcium about two years ago when It was thought the father assaulted the little girl, then 11 years old she was taken to the Portland school shortly afterwards. The mother b-. Came so Incessant In her demands fof Iier child that tlie tuTiolaU here decid ed to allow the girl's parole but when Miss Hattie was brought here she was left In me of Offlce? faqlk until Mr. ' and Mrs. Wright , appeared before. County Judge Henry and said that they I had taken a lease on a farm near Un i Ion and intended to move there, but Case to tome to Morning at Chicago, Says Judge, A. would send the girl to school and treat i hor kindly. On this consideration the '';- I Parents were allowed to take the girl. Issue ;. Tomorrow1 . . .Good filifljlierds' school came to La Washington,. Dec. 5. The United Grande -and dli the expense of foe States supreme court today denied the scho1 wante(1 to taka ,he K!rl t0 Port" appllcatlon of the Chicago meat pack- Ur d wh?re 8he w09 to afpear ,n fl0ina ers tor a stay of trial as they petition- inry attempt of the institution. ' ed for. This means that the trial be- When effort was nia,e t0 lwate the ' fore Judge Carpenter, in Chicago on a ,rl at ihe Wr,"ht hon,e ,n th,B tlt' " charge of violation of the anti-trust t found tb.?.,1'p nBd onR to law, will proceed unless they rake up, Tn'on- "..'.'?. 1 something else to stay the proceed-1 i (hn8e Commences. .' ,i , .:. ings. The 'appeal of the packers Is baa-j The authorities at Union were tele- ed on the contention that the antf- phoned 'to' hold the family when Mr. trust, law Is unconstitutional. The and Mrs. Wright and the girl arrived plea, as such, remains on the docket, j there. This was done but the WnghU1" -Resume Trial Tomorrow. were placed in a room not In the Jail ' Chicago, Dec. 6. Judge Carpenter building and left there with the door said the packers cases will be called locked. They made their escape by to trial tomorrow forenoon. the use of a key in Wright's possession If convicted the nine packers must an Just fifteen minutes before officers be Imprisoned. '' . (Contlsuea on Page Client. lillTlOlOFFliLIIEf I-;'..-. One of the prominent men connected with the federation strike against Har riman and other railroads of the coun try is In the city today and will be heard at a public address at 9:30 to morrow morning.. He Is J. H. Ryan, of Kansas City, vice president of the un ion commonly known as the Boilerma kers' butwhlch. is technically known, as the Boilermakers and Irln Ship -Builders and Helpers' union, i The address will be held at the la bor temple In the Lewis building and ' everyone is Invited to attend. Mr. Ryan will discuss matters of importance to the labor situation as it la today. GERMANY REPLIES TO ATTACK . Berlin, Dec. 5. Cancellor Von Beth-nmnn-Holweg In a speech before the relchstag today replied to Sir 'Edward Grey, the British foreign secretary, with the declaration that Germany will never permit, herself to be thrust aside and pressed down by England, diplomatically. . He was emphatic In bis statement Jhat It is up to England to show sincerity of her foreign poli cies before amcable relations can be hoped for. J : .. ... , OEKMAJT SPY ARRESTED. EncJIsh Excited Over Arrest of Sus pected German. Portsmouth, England, Deo. 4. Cap tain Helnrich Grosse, a Gorman army officer, on leave of. absence, was ar rested here today as a spy and re manded for trial next week without bail. It is alleged has was making maps of the dockyard . and . hurbor. Great excitemept 'followed the arest, owing to the popular belief that, war between England and Germany Is not far off. , '": '.: ' ; Rogers Is Blamed. -.J San Francisco, Dec. b-The coro ners Jury today declared John Rogers guilty of the murder of Benjamin Good man who was robbed of 5000 la jewels