Morning Oregonian., March 21, 1903, Page 6, Image 6

THE MOENING OSEGONIAN, SATUBDAY; MARCH 21, 1903.
MAY LOAD DIX HERE
Portland Has Chance of
. Philippine Transport,
DEPENDS OK HAY CONTRACT
ITSwtlw Firm Get It aai Condi
tions -e. Bar Are Oead Feltaa -
Seeks iRfermatlea AfeoHt
u Depth of Water.
OTtSSONXAN NEWS BTJREAD, "Wash
tngten, March 20. Senators, Fulton and
WitotieO vted -the War Department to
day to afk that a transport he sent to
PertJand to load a large consignment of
bay. In case ,3. contract Is closed -with
Albers, Schneider & Co. The Quarter
aaaat8 officers said that there was not
.eo&deot water at tho mouth of the
.xtver to. Allow transports to enter or leave
Portland, and, therefore. It .bad been de
cided to make the shipment of bar frpm
Puget Sound, especially" as bids are soon
to 2e opened for lumber for the Philip
(pines to be delivered on the Sound, and
Iftsto w&e&a. complete the cago.
Tia Senators, however. Insisted that
(there we ample water -over the bar, being
196 feet at low tide, and stated that veseels
rsta 35 feet could easily cross by
tafctop advantage ot the. tide. The officers
SI sally said that If this was the case and
the contract finally, goes to the Portland
W3ea, the transport DIx, soon expected
from the Philippines, would be eent to
Forttead
They, however, demand assurances as to
the depth of -water from the ocal quarter
master officials and Senator Fulton to
night telegraphed the Chamber of. Com
mence asking Its co-operation. He believes
the showing will be such as to warrant
eending; the Dix to Portland, as she draws
only 23 loaded.
WOW DEPENDS OX COLOMBIA!
XxtfflcattoB. of Carnal Treaty Mar
Hare- to Be Boestht.
aKBOONIAJf NEWS BUREAU. Wash
fegton, March 20. The canal treaty rati
fied at the special session of the Senate
must "be ratWed by the Colombian Con
gress before It becomes operative. Of
course President Roosevelt could take
&o steps looking to beginning work on the
Isthmian Canal until the treaty Is ratified
by Colombia. One reason for not making
public the speeches that were made dur
ing the last part of. the session was the
fear that It might have an effect upon tho
Colombian Legislature, and It might de
lay the ratification of the treaty.
Some members of .the Senate used Colombia-
without gloves, not men like
Morgan, whose utterances carry little
weight, but men of considerable prom
inence who stated, that, although tho
treaty was rather loosely drawn, once
the United States got a foothold, it would
maintain its ownership of the canal and
the canal zones, no matter what were the
terms of the treat'. But President Roose
velt docs not Intend to take any step
which might be considered hasty or that
would fire the Spanish blood of the Co
lombians Into resentment.
No- difficulty Is feared. The Colombians
wUl naturally expect to bo bribed, but this
Government and its agents have no money
for that .purpose. "Whether there Is enough
In the 540.000.00Q appropriation for the
Panama Canal Company to- use In this
matter Is not known, but the fact that tho
?W.090,000 appropriation Is contingent upon
Colombia's acceptance of the treaty makes
It possible that a portion of it may be
used to bribe the ratification through the
Colombian Legislature.
NBWELL WILIj VISIT OKEGOX.
Promises to Examine Irrigation
Project Xcxt Summer.
ORfiGONlAN NEWS BUREAU, Wash
ington, March 20. Senators called on
Hydrographer Newell, to urge him to pur
sue work In Eastern Oregon under the
National irrigation act. Mr. Newell said
he would Visit Oregon this Summer and
look over the eeveral proposed projects.
He Is Inclined to" do all he can for the
state, and thinks It should be an early
beneficiary under the' new law.
So- Doabt of Cuba's Actios.
OREGONIAN NEWS BUREAU, Wash
ington, March SO. The Cuban Congress
must acaln meet and ratify the Cubarr
reciprocity treaty. The amendments
wbich tho Senate made to the treaty make
this necessary. While the amendments
are not very material to Cuba, they may
cause socio friction. The extension of
five years of the present sugar schedule
provided for In the treaty and the fact
that it must be approved by both hcTases
of Congress later, need not Interfere with
it ratification In Cuba. Fear Is ex
pressed that tho Cubans may become ob
stinate and possibly prevent action, but,
as Cuba Is to have substantial benefits, It
is not believed that the treaty Is In any
great danger from the Cuban Congress.
Mitchell' Health. Improving.'
OREGONIAN NEWS BUREAU. Wash
ington. March 20. During the past few
day there has been a marked Improve
ment la the condition of Senator Mitchell.
Since Senator Fulton has settled In the
harness, he has been able to relieve his
colleague of many of the burdens he has
borne through the Winter, and Senator
Mitchell has bad more time to -visit. By
following this course, he has gained con
siderable strength, and is now able to
handjo his own correspond once as It ar
rives. Cole Pleads Ills Own Caase.
OREGONIAN NEWS BUREAU. Wash
ington, March 20. Hal J. Cole, recom
mcaded by Senators Foster and Ankeny
and Representative Jones for register of
tho Spokane Land Office, appeared on the
scene, today, and called on the President
and Secretary Hitchcock to further his
personal Interests. No assurance was
given that he would be appointed, but he
waa told the case was still under con
sideration Mr. Cole left for home this
evening.
Bridge Over Lcvris and Clark River.
OREGONIAN NEWS BUREAU. Wash
ington. March 20. On Senator Fulton's
recommendation, tho Chief of Engineers
today authorised the construction of a
county bridge across the Lewis and Clark
River, near Ite mouth in Clatsop County.
The stream being navigable, there will
be a TO-foot draw, provided to permit the
passage of vessels.
He Wants His Commission.
WASHINGTON, March 20.-On petition
of Herbert Pierce. Third Assistant Secre
tary of State, -Justice 'Gould, of the Dis
trict Supreme Court, tofey granted a tem
porary injunction restraining United
States Treasurer .Roberts, from paying to
Charles L. Fatten and his assistant. James
H. Smbrey. -of San Francisco, assignee
of the Eagle Fishing Company, the 552.163
paid to the United States to Indemnify
the Eagle Fishing Company for the seiz
ure of the sealing vessel. C. H. White, by
Russia in 1882. Mr. Pierce represented the
claimants In the presentation of the case
before The Hague Tribanal of Arbitration,
for which he was to be given a fair and
Just consideration. Both Patton and Em
brey have failed to agree as to what this
should be, and Mr. Pierce asks that pay
ment to them of their share In the award
be restrained until he receives his com
mission, which amounts to $12,503.
STEAMERS IN COLLISION.
Sis Lives Lest fey Disaster oar Long
Island SoHBd.
NEW LONDON, Conn., March 20.
Traveling at . a moderate rate of speed
through Long Island Sound" earl? this
morning, the big passenger steamer Ply
mouth, of the Fall River line, bound for
Fall River from New York, and the
freight steamer City of Tiunton, of the
same line, came Into collision in the fog
just east of Blum Island, the bow of. the
first steamer wrecking the starboard side
of the Plymouth and causing the death of
six persons on board the Plymouth and
the Injury of a number of others. The
dead are
John F. McCarthy, watchmin. Fall
River.
Passenger, Identified as George H.
tHarston, Patterson, N. J.
John Coleman, negro. Fall River.
Julius Dawson, negro, messman.
John H. Williams, negro.
John Briscoe, negro, pantryman.
A complete Hut of Injured is Impossible
to obtain. Three of the Injured , are at
the hospital here. Theyare: J. E. Cro
ger, a traveling salesman of Philadelphia,
suffering from a sprained back; David
SamueLjon, a negro of New Bedford, leg
wrenched, and. Patrick Dily, a freight
trimmer, whose right arm was .crushed
from his body. Michael Kllduff, of Bos
ton, and J. M. Thompson, of Allegheny,'
Pa., are the other persons whose names
are known by the officials.
The responsibility for the accident has
not been determined and will be the sub
ject of an investigation. It Is said by the
officials of the two vessels that both
were going at a fair speed, considering
the fog, and that there was no time after
the warning whistles, which followed the
lookout's discovery of the danger, to
avert a collision. The steamers apparently
were under good headway when they met,
the bow of the City of Taunton, which
was going west, bound from Fall River
to New York, penetrating ten feet Into
the hull of the east-bound passenger
boat. As the vessels pulled apart, the
bow of the freight steamer raked the up
per works of the "Plymouth, tearing out
the second cabin and ripping out state
rooms like cardboard. Seven cabins In
all were swept from the starboard bow
of the big passenger boat.
As soon as the disabled Plymouth came
into this port shortly after 3 o'clock this
morning, ambulances were summoned to
bear the injured to the hospital. The pas
sengers wre cared for until a special
train could be made up to convey them
and their effects to Boston and the work
of searching for bodies of victims was
begun. At 5 o'clock this afternoon, there
remained one body on the lower deck of
the Plymouth, that of John Briscoe, the
missing waiter. The diver, who had. been
at work all day, suspended operations on
account of darkness. The other bodies
have been recovered.
Tho body of the dead passenger, sup
posed to be George H. Marston, of Pater
ton, N. J., lies In an undertaking shop
awaiting word from relatives or friends.
All the man's outer clothing, as well as
his personal effects, were swept away In.
the crash.
A rumor was current in this city to
night that several Italian workmen, who
were steerage passengers on the Ply
mouth, were missing. These were on the
deck on the starboard side and the Taun
ton's bow crashed through that com
partment like a knife through paper. It
was In this cabin that Watchman McCar
thy was killed. Officials of the company
said tonight, that, as far as they knew,
all of the steerage passengers had been
accounted for, although they admitted
that it was possiblo that one or two
might have been swept overboard. The
number of passengers was larger than
usual at this season, about 350, and that
more people did not lose their lives Is
considered miraculous.
A detachment of United States Ma.
rlnes, under the command of Captain
Low, who were passengers on the Ply
mouth, had peculiar experiencea Awak
ened from a sound sleep, the soldiers
rushed from the lower cabin, where they
were Quartered, without their clothing or
shoes. They were largely Instrumental
in averting a panic among the other pas
sengers and, while they were engaged in
this "laudable work, their clothing and
effects were lost. The soldiers made outer
coverings of blankets and even cut the
"blankets Into strips and wound tnem
around their feet to replace their shoes.
In this condition the marines boarded a
special train for Boston.
Continually sounding whistles of dis
tress, the Taunton slowly made her way
Into this harbor- A tug went to the Taun
ton's assistance and assisted the crippled
steamer in making her wharf.
STILL SUSPECTS A WOMAN
Buffalo Police Chief Discredits The
ory That Pennell Killed BardlcU.
BUFFALO, N. Y March 20. Chief of
Police Bull said today that his opinion
as to who killed Burdlck had not been
changed at any time since the murder.
"I believe a woman killed Burdlck." he
declared, "and I suspect the same woman
now that I did the day of the murder. I
believe Mr. Cusack and the District At
torney are of the same opinion."
The foregoing statement was made by
the Chief of Police in an Interview deny
ing a published report which quoted him
as saying:
"It looks more like Pennell's Job than
at any time since the murder."
Ever since Burdlck was murdered the
police have been trying to learn, among
other things, what kind of a weapon was
used In the commission of the crime. A
golfstick and the missing cocktail bottle
have been considered. The latter Is now
eliminated from all consideration. Dr.
Dansor, the medical examiner, said to
night that a cocktail bottle never could
have made the wounds which killed Bur
dick. It was possible, -he said, for the
back of a hatchet to have caused the
wounds, which. In his opinion, were made
by an Instrument with a sharp edge, and
It Is possible that a golfstick could have
made them.
Ex-DIstrict Attorney Thomas Penny
said today: "Not a dollar of Pennell's
life insurance will go to Mrs. Burdlck."
Mr. Penny made this statement in view
of the publication of a report that only
$25,000 of ther enormous insurance carried
by Pennell was made payable to his
estate. The - circumstances' gave rise to
surmises that Mrs. Burdlck might be the
chief beneficiary-
"It Is not known yet who are the ben
eficiaries," Mr. Penny said, "but this
much Is known that Mrs. Burdlck will
not get a dollar 6f It." '
A. F. AIrd, general manager of a New
York Insurance .company, confirmed tho
statement of1- Mr.' Penny: -"Mr. - Pennell
had $30,000 life Insurance In our company,"
he said, "and this Is made payable to his
estate. From all I have heard, I believe
that therest of -his life-insurance-will be
found to"1, be "payable to his estate or his
family."
Coal Teamsters on Strike.
ST. LOUIS, Mo, March 2d in the face
of the colder weather that had prevailed
In this city and vicinity and the cold
wave predicted for tonight, coal dealers
are unable to deliver fuel today, 600 or
more teamsters employed by them hav
ing struck for higher wages.
MADE a; BOTCH OF JOB
SEXATE HAS A3CE.VDED CUBAS
TREATY TO DEATH.
Coamictine; Clauses Futle Officials,
nn& All Work Hay Have to
Be Done Afraia.
WASHINGTON. March 20. Assistant
Secretary of State Loomls and Mr. Que
sadathe Cuban Minister, after discussing
the prospects of an exchange of ratifica
tions of the Cuban treaty, today, decided
to cable President Palma, requesting him
to call the Cuban Congress into extra ses
sion for this purpose, as that body other
wise would not meet until April 7,' seven
days after the expiration of the legal time
limit for the exchange of ratifications.
From such Imperfect readings of the
treaty as can be had at this stage, the
State Department officials have some
doubt as to their ability to do anything
whatever with the convention. The
amendments made by the Senate, that
added to the ratifying articles, though
probably not so intended, may result In
the complete loss of the treaty. There-
are conflicting clauses which it may not
be possible to reconcile. Article n pro
vided originally that "the present conven-
(Photographed from architect's model in miniature.)
PALACE OF MINES AXD METALLURGY AT ST. LOUIS WORLD'S FAIR, 100-1.
The Palace of Mines and Metallurgy, at the St. Louis World's Fair, In which will be placed the exhibits of mineral re
sources from all nations of the world, together with raining machinery and equipment, and metallurgical processes and equip
ment, is 523 feet wide by "50 feet la length, with an exhibit area of nine acres. Its height to the cornice line Is GO feet, and the
obelisks at the main entrance rise to a height of 150 feet. The building will cost, approximately, $300,000. There are no galler
ies, and the entire exhibit area la on the ground floor. Joseph A Holmes is chief of this Important department.
Hon 6ball bo ratified by the appropriate
authorities of the respective countries,
and ratifications .shall be exchanged at
Washington as soon as may be possible
before the 21st day of January, 1203, and
the convention shall go Into effect on the
10th day after the change of the ratifica
tions, and shall continue in force for the
term of five years from date of going
Into effect, and from year to 4 year there
after until the expiration of one year,
from the day, w:heh either of "the con
tracting parties shall give notice to the
other of its Intention to terminate the
same."
Usually It Is provided that a' treaty shall
go into effect as-soon as the ratifications
are exchanged, and with the slight change
In this respect, the briglnal ratifying
clause of the Cuban treaty was in usual
form, and would not have led to compli
cations. "January SI" - was changed by
both governments before the nJnlted
States Senate acted to "March 31," and
that Is how the article stood when the
Senate added this sentence:
"The treaty shall not take effect until
the same shall have been approved by
the Congress."
This led to complications which are now
vexing the department. Here wero two
different dales fixed In the same article
for the taking effect of the treaty. The
weight of opinion Inclines to the belief
that, following the common law prin
ciple, that the last stipulation should gov
ern, this would defer the operation of the
.treaty until after the Congress acted. But
a more serious difficulty is pointed out,
as follows:
"It Is hardly regarded as feasible, and
is certainly In violation of precedent, to
exchange ratifications of a document
which Is not a treaty, aa the Cuban con
vention will not be, in tne opinion of some
of the State Department people, until the
Congress has set Its approval upon it."
If this view Is correct, then the ex
change of ratifications will have to be
deferred until next Winter at the earliest,
and this delay. It is thought, would cause
the failure of the treaty In Its present
form, because of the Inability of the ne
gotiators to meet the requirement of ar
ticle II. which demands that the exchange
take place before March 31. It Is possible
that a way will be found out of this web
of contrarieties, and to that end the State
Department people now are working. The
Cuban Minister here Is dismayed at the
situation, and, although he made every
effort In his power to keep the facts from
attracting attention, they developed fully
today, even to the knowledge of his im
mediate compliance with the State De
partment's suggestion that he cable Pres
ident Palma, suggesting an Immediate
calling together of the Cuban Congress.
PROVISIONS OF TREATY.
Trade Concessions Made Between
Cuba and United States.
WASHINGTON. March 20. The Cuban
treaty, ratified by the Senate, was ne
gotiated in Havana December 11. 1502, be
tween General Tasker H. Bliss, repre
senting the "United States, and Carlos de
Saldo and Jose M. Garcia Montcs, repre
senting Cuba. The United States Senate
made several amendments to the docu
ment. As ratiflsd by the Senate yester
day, it provides that all merchandise pro
duced by either country which now en
ters the other duty free shall continue
free of Import duties. All other Cuban
products Imported into the United States
shall enter at a reduction of 20 per cent
from the- rate of duty imposed by (he
United States on such articles of mer
chandise. All imports into Cuba from
the United States not entitled to free
entry shall be given a reduction of 20
per cent, provided they do not fall within
the hereafter named clauses to which a.
greater reduction in duty Is made.
Schedule A provided that the following
articles shall "be entitled to 23 per cent
reduction from the regular tariff: Ma
chinery -and apparatus of copper "or its
alloys enter as the component of chief
value; cast iron, wrought Iron and steel,
and manufactures thereof; articles of
crystal.' and glass., except window glass:
ships and water-borne vessels of all
kinds, ' of iron or steel; whiskies and
brandies; fish, salted, pickled, smoked or
marinated: fish or shellfish preserved in
oll or otherwise in tins; articles of pot
tery or earthenware now -classified under
paragraphs 21 and 2Sof the customs tariff
of the Republic of Cuba.
Schedule B gives a reduction of 30 per
cent on the following articles: Butter,
the flour of wheat, corn, the flour of
corn or cornmeal. chemical and pharma
ceutical products and simple drugs, malt
liquors in bottles, nonalcoholic beverages,
cider, mineral waters, colors and dyes,
window glass, complete or partly made
up of articles of hemp. flax. pita. jute,
hennequln. ramie and other Vegetable
fibers now classified under the para
graphs of group two, class V of the cus
toms tariff of the Republic of Cuba; mu
sical Instruments, writing and printing
paper, except for newspapers, cotton and
manufactures thereof, except knitted
goods, all articles of cutlery, boots, shoes
and slippers, now classified under para
graphs 197 and 15S of the customs tariff
of the Republic of Cuba; gold and silver
plated ware, drawings, photographs, en
gravings, lithographs, chromolithographs,
oleographs, etc., printed from stone, zinc
aluminum, or other material, used as la
bels, flags," bands and wrappers for to
bacco or ether purposes and all the other
papers (except paper for cigarettes and
excepting maps and charts), pasteboard
and manufactures thereof now classified
under paragraphs 157 and 164 inclusive of
the customs tariff of the Republic of
Cuba; common or ordinary soaps, now
classified under paragraphs 105, letters A
and B of the customs tariff of the Re
public of Cuba; vegetables, pickled or
preserved, in any manner; all wines ex-
ccpt those now classified under paragraph
279 of the customs tariff of the Republic
of Cuba.
Schedule C gives a reduction of 40' per
cent under the following: Manufactures
of cotton and all manufactures of cotton
not included in the preceding schedules;
chees'e, fruits, preserved; paper pulp, per
fumery and essence, articles of pottery
and earthenware now classified under
paragraph 20 of the customs tariff of the
Republic of Cuba; porcelain; soaps; other
than common, now classified under para
graph 105 of the customs tariff of the Re
public of Cuba; umbrellas and parts, glu
cose, watches, wool and manufactures
thereof; silk and manufactures thereof;
rice and cattle.
It is specifically agreed that tobacco lri
any form for use shall not be given any
concession or rebate of duty when im
ported Into Cuba. Both countries agree
that the rates of duty granted during the
life of the treaty shall be preferential as
respects like imports from other countries.
It Is specifically provided that while tho
treaty Is In force no Cuban sugars shall
be admitted into the United States at a
greater reduction than 20 per cent reduc
tion from the present tariff and that no
ffnr oSUf,ibL a"Jmur
than Cuba shall be admitted into the
United States by treaty, while the new
treaty Is in force, at a lower rate of duty
than that Imposed by existing law.
Provision Is made against any impair
ment of the effect of the treaty by means
of national or 16cal taxes or charges. The
treaty contains articles by which either
country may denounce It should changes
in the other's tariff deprive the objecting
nation of Its tariff advantages.
Cubans Don't Like Changes Made.
NEW YORK. March 20. News of the
action of the Senate has had almost the
effect of the treaty being defeated, says
a Tribune dispatch from Havana. The
merchants are much discouraged, and the
price of sugar has dropped rapidly. Sev
eral claimants of damages on account of
the war with Spain are complaining at the
delay in payment, and announce in the
local papers their intention of demanding
payment. They say they did not accept
the Paris treaty, and therefore are em
powered either to force Spain to pay the
claims or cause Spain to take the matter
up with the United States.
WANT NO NEW RELIGION
Chaffee Says Intelligent
Chinese
Don't Desire to Be Christians,
NEW YORK. March 20.-Major-General
Chaffee told the members of the District !
Social Union at the Hotel Savoy tonight
that he bad never met an intelligent
Chinaman who expressed any desire to
embrace the Christian religion. General
Chaffee and Rev. Dr. F. E. Gamewell.
one of the field missionaries in China at
the time of the Boxer troubles, who was
of much assistance at the defense of the
American Legation, were the speakers at
the meeting. General Chaffee's subject
was the "Philippines and China."
"I took occasion to meet many of the
most prominent Chinamen while In Pe
kin," said General Chaffee, "and I talked
to many of the better class. These. In
cluded officials. I must say that I did
not meet a single intelligent Chinaman
who expressed a desire to embrace the
Christian religion. The masses are
against Christianity, but the missionaries
are hopeful and no doubt courageous.
Forty or 50 missionaries in that great
country cannot do much."
Dr. Gamewell admitted that the situa
tion was as General Chaffee said it was,
but he hoped that much good would re
sult from the mission work in China.
"The hope ot China," he declared, "lies
in the education of her young men-"--
Passengers Shaken Up.
MISSOULA, Mont, March 20. The
North Coast Limited, the finest train on
the Northern Pacific, was ditched six
miles west of this place at midnight to
night by colliding with a freight train
which was pulling into a siding. A num
ber of passengers were- considerably
jarred, but no one was injured. Traffic
was blockaded for about four hours.
DEFENDING THE MERGER
BUXX AXD fclUGGS POUR FORTH
MUCH AR GUM EXT.
Watson,, for the Government, Insists
That Merger Killed. Monopoly
Case Goes to Conrt Today.
ST. LOUIS, March 20. Arguments In de
fense of the Northern. Securities Company,
on trial here before the United States Cir
cuit Court for the State or Minnesota,
closed today, and the case will be Anally
placed In the. bands of the four Judges
tomorrow. During the three days of ar
gument the attorneys for the defendants
have occupied nine hours, and up to ad
journment tonight the Government has
taken five hours for presentation of argu
ments. C. W. Bunn, of St. Paul, coun
sel for the Northern Pacific Railway,
opened today's session, and ex-Attorney-General
.Griggs closed the case for the
Nonthern Securities Company. The last
hour of the session was occupied by Spe
cial Counsel D. T. Watson, of Pittsburg,
in closing the case for the Government.
He was still talking when court adjourned
until 10 o'clock tomorrow morning, and ex
pects to conclude by noon. The famous
merger case will then be In the hands of
the court for decision.
Mr. Bunn endeavored to show that prior
to thla case there had never been a sug
gestion that a consolidation of railway In
terests was a violation of the anti-trust
law. An abstract of his argument fol
lows: In this suit the United States seeks to
enjoin the Northern Securities Company
from owning and voting the stocks of two
railway companies engaged partly In in
terstate commerce. It Is asserted that the
owning by one corporation of a majority
of the stock of these railway companies
Is prohibited by an act passed by Congress
July 2, 1SS0. The act doe3 not say that
it is unlawful for one railway to buy,
lease, own or control a competing rail
way. Nor is one person, or corporation
forbidden In terms to own stock in two
competing railways. If any of these things
are prohibited, it is only because they
necessarily- restrain commerce among the
several states.
Limit to Power of Con&rress.
The broad generality and indeflnlteness
of the language of the law call for great
care In Its interpretation and applica
tion to particular cases. For Its validity
"e act rests alone on article 1. section
thck ,t, tti. a--
which gives power to Congress "to regu
late commerce with foreign nations and
among the states, and with the Indian
tribes." Being passed In execution of this
power, the statute cannot be interpreted
more broadly than the grant of power
itself. All the ordinary legislative power
or government, the general right to legis
late concerning contracts and property
rights, and for the welfare, good order
and morals of the people Is reserved by
tho Constitution to the states. Congress
must exercise Its power to regulate com
merce, with reference to the powers of
the states. It can no more Infringe on
their reserved power than they can on Its
granted power.
That Congress has not the constitutional
power, under the guise of regulating com
merce, to prescribe the general rules by
or unaer wnicn enner real estate or ner-
sonal property, stocks or bonds, may be
bought, owned, sold, passed by descent or
willed, within the states, must be admit
ted. Much less can Congress say that a
man may not Duy a piece of property
within a state because he may Intend to
use tne same in a manufacture, or bus!
ness carried on with the Intent to monop
olize, or restrict, interstate commerce.
No more can Congress restrict the rlKht
1 ot Partnershlps, or corporations organized
; uy vinue 01 state laws to Duy wilnin tne
I stats, eltner real or personal property.
' "Jciua.ng stocKs ana Bonds.
Autkorlzed by State Law.
Again. If a contract, arrangement
FIffy Years ihe Standard
BAKING
PONDR
Awtrrftd
Highest Htncrs World's Fair
Xlghtsi iasts U.S. Giv't fttmlsis
PRIOr BAKINO POWDER CO,
CHICAGO
combination does restrain Interstate trade
It Is immaterial whether It has the sanc
tion of state law" or not. A state law
must yield to the power vested In Con-!
Kress. In the case at bar. or in any
similar' case, the transaction must be
treated as if fully authorized by state
law. For a holding company to own the 1
stock of competing interstate carriers is
plainly no more prohibited by the act
than for one Interstate carrier to pur
chase, lease or otherwise, control the
property of a parallel or competing car
rier. All theso conclusions are greatly
strengthened by the fact that everything
which falls within the prohibition of the
act Is made a crime; everything denounced
as illegal la made criminal. It Is little
short of absurd to suppose that Congress
J intendedta make it a crime for a, man
10 ouy stock in two competing interstate
railways; or, having stock in one, to go
into partnership with one who has stock
in another;, or to promote the formation
of a corporation to acquire stock in both;
or, as director or officer of a corporation
already formed, to engage in acquiring
such stock: or to promote the consolida
tion of two competing interstate carriers.
or the lease or purchase by one of an
other. It Is certainly not too much to
require that If Congress had Intended to
make these things crime's. It should have
said so.
In concluding for the defendants, Mr.
Griggs asserted that the purpose of the
anti-trust act was to control the operation
of Individuals engaged in commerce, and
not to control the ownership of corpora
tions so engaged. He asserted, a man or
body of men can buy all the property
they have the capital to purchase, and
that the law cannot limit the amount of
that purchase, and that the anti-trust act
does not specifically say such purchase is
a violation of its provisions.
Merger Kills Competition.
When Mr. Griggs had concluded Mr.
Watson began the closing argument for
the Government. He asserted- that It
was his purpose to demonstrate that the
rnerging of railroad interests by the
Northern Securities Company was a most
willful violation of the anti-trust act. "Is
It not the law of competition," he said.
that different roads traversing the same
territory will make different rates, carry
different kinds of commodities, run dif
ferent kinds- of trains and in a hundred
different ways seek to better their own
Interests )ver those of their rivals? But
here the defendants have merged the In
terests of all the roads In a certain terri
tory, and yet they try to show it is not
done to the disadvantage of competition
and that .it will benefit Interstate and
foreign commerce."
Mr. Watson then cited decisions of the
United States Supreme Court at length
to show that various phases of the merger
were apparent violations of the Sherman
anti-trust act. . He declared thai a man
has not the right to corner any commodi
ty to such an extent as to engross the
market, nor to monopolize a certain line
of business. He asserted that therefore a
corporation has no such right, and, under
the plain language of the second, section
of the anti-trust act, any corporation
which shall monopolize Or attempt to
monopolize thereby violates the law, which
is supreme, and must be upheld.
The court then adjourned and Mr. Wat
son will conclude tomorrow.
THE DEATH ROLL.
John Ilayuer Dead.
CHICAGO, March 0. A dispatch to the
Record-Herald from Alton. 111., announces
the death of John E. Hayner, aged $6
yeara. Mr. Hayner went to Alton la
1854 from New York. He was the founder
of the Alton Savings Bank,- and until last
July Its president. He was the vlce-preel
dent of the Alton National Bank; treasurer
of the Pisa Building & Loan Association.
and treasurer of the Alton Packing Com
pany.
Charles Covrgrlll, Actor, Dead.
CHICAGO, March 20. A dispatch to
the Record-Herald from San Francisco
announces the death at his home there
of Charles W, Cowgill, for 25 years one of
the best-known vaudeville artists In this,
country and Australia. He was born In
New York 53 years ago. He was a mem
ber ot the Elks and Masons, Death wa3
cahsed by consumption.
Justice Bardeem, of Wisconsin, Dead
MADISON, Wis., March 20. Justice C.
V. Bardeem, of the Supreme Court, died
here this morning.
Falls Dead With Wealta on Him.
TACOMA, March 20. George W. Manu
ette, aged 62, an old resident of Tacoma,
fell dead on the sidewalk of Pacific ave
nue this afternoon. On his person, besides
letters Identifying him, were bank notes
and certificates of deposit to the value of
between $7000 and $S0CO. He has a sister at
Middletown, N. Y., and a brother at Wil
cox. Pa.
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