La Grande evening observer. (La Grande, Or.) 1904-1959, December 05, 1911, Image 1

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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 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
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
8 $
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
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.
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.
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.
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
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.
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.
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.
. 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 : .. ... ,
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.
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