PRESIDENT IN URGENT APPEAL FOR LEGISLATION ^Roosevelt Sends Another Mes sage to Rouse Present Congress to Activity. sQF UTMOST IMPORTANCE stronger Anti-Trust Law and Regula tion of Labor and Capital Relations Are Greatly Needed—Civic Conscience Firmer. Washington. April 28.—The president •lias sent another special message to ■congress, strongly urging the passage •of measures which he has from time to time recommended. He lays special ■emphasis'on the importance of legisla tion to do away with abuse of the pow er of injunction, amendments to the anti-trust law and a bill strengthen ing the Hepburn rate law. The mes sage is an appeal to the public con science as well as to the cor#jK*ss whose jpolicy is to do nothin*. The message follows: To the Senate and House of Representa tives: In my message to the congress of March t6, 1908, 1 outlined certain measures fthich I believe the majority of our country men desire to have enacted into law at •this time. These measures do not rep resent by any means all that I would like to see done if I thought it possible, but they do represent what I believe can now ’be done if an earnest effort toward this end is made. Since 1 wrote this message an employ ers' liability law has been enacted which, tft is true, comes short of what ought to have been done, but which does represent a real advance. Apparently there is good ground to hope that there will be further legislation providing for recompensing all employes who suffer injury while engaged In the public service; that there will be a child-labor law enacted for the District of Columbia; that the waterways commis sion will be continued with sufficient .financial support to increase the effective ness of its preparatory work; that steps will be taken to provide for such investi gation into tariff conditions, by the ap propriate committee of the House of Rep resentatives and by government experts in the executive service, as will secure the full information necessary for imme •diate action in revising the tariff at the hands of the congress elected next fall; and finally, that financial legislation will be enacted providing for temporary meas ures for meeting any trouble that may Arise in the next year or two, and for a commission of experts who shall thor oughly investigate the whole matter, both here and in the great commercial coun tries abroad, so as to be able to recom mend legislation which will put our finan cial system on an efficient and perma nent basis. It is much to be wished that one feature of the financial legislation of this session should be the establishment of postal.saving banks. Ample appropria tion should be made to enable the Inter state Commerce commission to carry out the very Important feature of the Hep burn law which gives to the commission ■supervision and control over the account ing systems of the railways. Failure to provide means which will enable the com mission to examine the books of the rail ways would amount to an attack on the law at its most vital point, and would benefit, as nothing else could benefit, those railways which are corruptly or in competently managed. Forest reserves •should be established throughout the Ap palachian mountain region wherever it can be shown that they will have a di rect and real connection with the conser vation and improvement of nav.gable rivers. Two Measures. There seems, however, much doubt About two of the measures I have recom mended; the measure to do away with Abuse of the power of Injunction and the measure or group of measures to strength en and render both more efficient and more wise the control by the national gov ernment over the great corporations «k>ing An interstate business. First, as to the power of injunction ami of punishment for contempt. In contempt casta, save where immediate action is im perative, the trial should be before an other judge. As regards Injunc tions, some such legislation as that I have previously recommended should fce enacted. They are blind who tail to realise the extreme bitterness caused among large bodies of worthy citi zens by the use that has been repeatedly made of the power cf Injunction in labor disputes. Those in whose judgment we liave most right to trust are of the opinion that while much of the complaint against the use of the injunction is unwarranted, .yet that it is unquestionably true that In a number of cases this power has t>een used to the grave injury of the ^rights of laboring men. I ask that it tie limited in some such way as that I .have already pointed out in my previous messages, for the very reason that I do mot wish to see an embittered effort made to destroy it. It is unwise stubbornly to refuse to provide against a repetition of the abuses which have caused the present tunrest. In a democracy likes ours it is Idle to expect permanently to thwart the ■determination of the great body of our citizens. It may be and often is the Jiighest duty of a court, a legislature, or .an executive, to resist and defy a gust -of popular passion; and most certainly *10 public servant, whatever may be the consequences to himself, should yield to what he thinks wrong. But in a ques tion which is emphatically one of public policy, the policy which the public de mands is sure in the end to be adopted; And a persistent refusal to grunt to a large portion of our people what is right Is only too apt in the end to result in causing such irritation that when the right Is obtained It is obtained in the course -of a movement so ill considered and vio lent as to be accompanied by much that Is wrong. The process of injunction in labor disputes, as well as where state laws are involved, should be used spar ingly, and only when there is the clear est necessity for it; but it is one so necessary to the efficient performance of duty by the court on behalf of the nation that it is in the highest degree to be regretted that it should be liable to reck less use; for this reckless use tends to make honest men desire so to hamper its exteution as to destroy its usefulness. “Class Consciousness.” Every far-sighted patriot should protest first of all against the growth in this country of that evil thing which is called •‘class consciousness.” The demagogue, the sinister or foolish socialist visionary who strives to arouse this feeling of class consciousness in our working people, does a foul and evil thing; for he Is no true American, he Is no self-respecting citizen of this republic, he forfeits his right to stand with manly self-reliance on a foot imr of entire equality with all other citi zens. who bows to envy and greed, who erects the doctrine of class hatred into a shibboleth, who substitutes loyalty to men of a particular status, whether rich #r poor, for loyalty to those eternal and Immutable principles of righteousness which bid us treat each man on his worth as a man without regard to hts wealth or his poverty. But evil though the In fluence of these demagogues and vision aries is, it is no worse in its consequences than the influence exercised by the man of great wealth or the man of power and position In the industrial world, who by his lack of sympathy with, and lack of understanding of, still more by any exhibition of uncompromising hostility to, the millions of our working people, tends to unite them against their fellow-Ameri cans who are better off in this world's goods. It la a bad thing to teach our working people that men of means, that men who have the largest proportion of the substantial comforts of life, are nec essarily greedy, grasping and cold-hearted, and that they unjustly demand and ap propriate more than their share of the substance of the many. Stern condem nation should be visited upon demagogue and visionary who teach this untruth, and even sterner upon those capitalists who are in truth grasping and greedy and brutally disregardlful of the rights of others, and who by their actions teach the dreadful lesson far more effectively than any mere preacher of unrest. A “class grievance" left too long without remedy breeds “class consciousness" and therefore class resentment. otrengtnen Ann* i rusx uaw. Tho strengthening of the anti-trust law fs demanded upon both moral and eco nomic grounds. Our purpose in strength ening it is to secure more effective con trol by the national government over the business use of the vast masses of in dividual, and especially of corporate, wealth, which at the present time mo nopolize most of the interstate business of the country; and we believe the con trol can best be exercised by preventing the growth of abuses, rather than merely by trying to destroy them when they have already grown. In the highest sense of the word this movement for thorough con trol of the business use of this great wealth is conservative. We are trying to steer a safe middle course, which alone can save us from a plutocratic class gov ernment on the one hand, or a socialistic class government on the other, either of which would be fraught with disaster to our free institutions, state and national. We are trying to avoid alike the evils which would flow from government owner ship of the public utilities by which in terstate commerce Is chiefly carried on, and the evils which flow from the riot and chaos of unrestricted individualism. There is grave danger to our free In stitutions in the corrupting Influence exer cised by great wealth suddenly concen trated In the hands of the few. We should in sane manner try to remedy this dan ger, in spite of the sullen opposition of these few very powerful men, and with the full purpose to protect them In all their rights at the very time that we require them to deal rightfully with oth ers. When with steam and electricity modern business conditions went through the as tounding revolution which in this country began over half a century ago, there was at first much hesitation as to what par ticular governmental agency should be used to grapple with the new conditions. At almost the same time, about twenty years since, the effort was made to con trol combinations by regulating them through the Interstate Commerce commis sion, and to abolish them by means of the anti-trust act: the two remedies there fore being in part mutually incompatible. The interstate commerce law has pro duced admirable results, especially since It was strengthened by the Hepburn law two years ago. The anti-trust law, though it worked some good, because anything is better than anarchy and complete ab sence of regulation, nevertheless has proved in many respects not merely In adequate but mischievous. Twenty years ago the misuse of corporate power had produced almost every conceivable form of abuse, and had worked the gravest injury to business morality and the pub lic conscience. For a long time federal regulation of Interstate commerce had been purely negative, the national judici ary merely acting in Isolated cases to restrain the state from exercising a power which* it was clearly unconstitutional as well as unwise for them to exercise, but which nevertheless the national govern ment itself failed to exercise. Thus the corporations monopolizing commerce made the law for themselves, state power and common law being inadequate to accom plish any effective regulation, and the national power not yet having been put forth. The result was mischievous in the extreme, and only short-sighted and utter failure to appreciate the grossness of the evils to which the lack of regulation gave rise, can excuse the well-meaning persons who now desire to abolish the anti-trust law outright, or to amend it by simply condemning "unreasonable” combinations. Executive Power. Pcwcr should unquestionably be lodged somewhere In the executive branch of the government to permit combinations which will further the public interest; but It must always be remembered that, as re gards the great and wealthy combinations through which most of the Interstate busi ness of today Is done, the bbrdin of proof should be on them to show that they have a right to exist. No Judicial tribunal has the knowledge or the experience to determine in the first place whether a given combination Is advisable or neces sary In the Interest of the public. Some body, whether a commission or a bureau under the department of commerce and labor, should be given this power. My personal belief Is that ultimately we shall have to adopt a national incorporation law, though I am well aware that this may be impossible at present. Over the notions of the executive body ir. which the power Is placed the courts should possess merely a power of review analog ous to that obtaining In connection with the work of the Interstate Commerce com mission at present. To confer tills power would not be a leap in the dark; it would merely be to entry still further the the ory of effective governmental control of corporations which was responsible for the creation of the Interstate Comm wee commission and for the enlargement of its powers, and for the creation of the bureau of corporations. The nterstate commerce legislation has worked admira bly. It has benefited the public; it has benefited honestly managed and wisely conducted railroads; and In spite of the fact that the business of the country has enormously Increased, the value of this federal legislation has been shown by the way In which It has enabled the federal government to correct the must pro nounced of the great and varied abuses which existed In [he business world twen ty years ago--while the many abuses that still remain emphasize the need of fur ther and more thorough-going legislation. Similarly, the bureau of corporations has amply Justified Its creation. In other words, It Is clear that the principles em ployed to remedy the great evils In the business world have worked well, and they can now be employed to correct the evils that further commercial growth has brought more prominently to the surface The powers and scope of the Interstate Commerce commission, and of any similar body, such aa the bureau of corporations, which has to deal with the matter in hand, should be greatly enlarged so as to meet the requirements of the present day. States Can’t Control. The decisions of the supreme court In the Minnesota and North Carolina cases Illustrate how impossible Is a dual con trol of national commerce. The states cannot control it. Ail they can do Is to control intrastate commerce, and tills now forms but a small fraction of the com merce carried by the railroads through each state. Actual experience has shown that the effort at state control Is sure to be r«jlllfted In one way or another sooner or later. The nation alone can act with effectiveness and wisdom; It should have the control both of the business and of the agent by which the business Is done, for any attempt to separate this control must result tn grotesque absurdity. This means that we must rely upon national legislation to prevent the commercial abuses that now exist and the others that are sure to arise unless some efficient governmental body has adequate power of control over them. At present the failure of the congress to utilize and exercise the great powers conferred upon It as regards interstate commerce leaves this commerce j to be regulated, not by the state nor yet by the congress, but by the occasional and necessarily inadequate and one-sided action of the federal Judiciary. However upright and able a court Is, it cannot act constructively; it can only act nega tively or destructively, as an agency of government; and this means that the courts are and must always be unable to deal effectively with a problem like the present, which requires constructive action. A court can decide what is faulty, j but It has no power to make better what It thus finds to be faulty. There should be an efficient executive body created with power enough to correct abuses and scope enough to work out the complex problems that this great country has developed. It; is not sufficient objection to say that such a body may be guilty of unwisdom or of abuses. Any governmental body, whether a cotm or a commission, whether executive, legislative or judicial, ifgiven power enough to enable It to do effective work for good, must also Inevitably re ceive enough power to make it possibly effective for evil. Therefore, It is clear that (unless a na tional incorporation law can be forthwith enacted) some body or bodies in the exe cutive service should l>e given power to pass upon any combination or agreement In relation to Interstate commerce, and every such combination or. agreement not thus approved should be treated as in violation of law and prosecuted accord ingly. The issuance of the securities of any combination doing interstate business should be under the supervision of tne national government. Abuse of Power. A strong effort has been made to have labor organizations completely exempted from any of the operations of this law, whether or not their acts are In restraint of trade. Such exception would In all probability make the bill unconstitutional, and the legislature has no more right to pass a bill without regard to whether It Is constitutional than the courts have lightly to declare unconstitutional a law which the legislature has solemnly en acted. The responsibility is as great on the one side as on the other, and an abuse of power by the legislature in one direction is equally to be con demned with an abuse of power by the courts In the other direction. It is not possible wholly to except labor organiza tions from the workings of this law, and they who Insist upon totally excepting them are merely providing that their status shall be kept wholly unchanged, and that they shall continue to be ex posed to the action which they now dread. Obviously, an organization not formed for profit should not be required to furnish statistics in any way as complete as those furnished by organizations for profit* Moreover, so far as labor Is engaged In production only, its claims to be exempted from the anti-trust law are sound. Tnia would substantially cover the right of la borers to combine, to strike peaceably, and to enter into trade agreements with the employers. But when labor under takes in a wrongful manner to prevent the distribution and sale of the products of labor, as by certain forms of the boycott, it has left the field of production, and Its action may plainly be in restraint of in terstate trade, and must necessarily be subject to inquiry, exactly as in the case of any other combination for the pur pose, so as to determine whether such ac tion is contrary to sound public policy. The heartiest encouragement should be given to the wageworkers to form labor unions and to enter into agreements with their employers; and their right to strike, so long as they act peaceably, must^ be preserved. But we should sanction neith er a boycott nor a blacklist which would oe Illegal at common law. l_aw uerying Days uvw. The measures I advocate are in the in terest both of decent corporations and of law-abiding labor unions. They are, moreover, pre-eminently In the interest of the public, for In my judgment the American people have definitely made up their minds that the days of the reign of the great law-defying and law-evading corporations are over, and that from this time on the mighty organizations of cap ital necessary for the transaction of busi ness under modern conditions, while en couraged so long as they act honestly and in the interest of the general public, are to be subjected to careful supervision and regulation of a kind so effective as to instil” their acting In the Interest of the people as a whole. Allegations are often made to the ef fect tha: there Is no real need for these laws looking to the more effective control of the great corporations, upon the ground that they will do their work well without such control. I call your attention to the accompanying copy of a report Just sub mitted by Nathan Matthews, chairman of the finance commission, to the mayor and city council'of Boston, relating to certain ev.l practices of various corporations which have been bidders for furnishing to the city Iron and steel. This report shows that there have been extensive combina t.ons formed among the various corpora tions which have business with the city of Boston, including, for instance, a care fully planned combination embracing practically all. the firms and corporations engaged in structural steel work in New England. This combination included sub stantially all the local concerns, and many of tfie largest corporations in the United States, engaged In manufacturing or furnishing structural steel for use In any part of New England: It affected the states, the cities and towns, the railroads and street railways, and generally all per sons having occasion to use Iron or steel for any purpose in that section of the country. As regards the city of Boston, the combination resulted In parceling out the work by collusive bids, plainly dishon est, and supported by false affirmations. In its conclusion the commission recom mends as follows: Commission Report. I “Comment on the moral meaning of these methods and transactions would seem superfluous; but as they were defended at the public hearings of the commission and asserted to be common and entirely prop er incidents of business life, and as these practices have been freely resorted to by some of the largest industrial corporations that the world has ever known, the com mission deems it proper to -ecord its own opinion. “The commission dislikes to believe that these practices are, as alleged, established by the general custom of the business community; and this defense itself, if un challenged, amounts to a grave accusa tion against the honesty of present busi ness methods. “To answer an Invitation for public or private work by sending in what purports to be genuine bids, but what in reality are collusive figures purposely made higher than the bid which Is known will be sub mitted by one of the supposed competitors is an act of plain dishonesty. “To support these misrepresentations by false affirmations in writing that the bids are submitted in good faith, and without fraud, collusion, or connection with any other bidder, is a positive and deliberate fraud: the successful bidder in the com petition is guilty of obtaining money by false pretense; and the others have made themselves parties to a conspiracy clearly unlawful at the common law. “Where, as in the case of the ‘Boston Agreement,’ a number of the most Im portant manufacturers and dealers In structural steel in this country, including the American Bridge company, one of the constituent members of the United States Steel corporation, have combined together for the purpose of raising prices by means of collusive bids and false representations, their conduct is not only repugnant to common honesty, but is plainly obnoxious to the federal etatute known aa the ones* man or anti-trust law. “The commission believes that an ex ample should be made of these men, and that the members of the “Boston Agree ment,” or at least all those who. in Oc tober and November, 1906, entered in the fraudulent competitions for the Cove street draw span and the Brookline street bridge, should be brought before a fed eral grand Jury for violation of the act of congress of July 2, 1890. The three years* limitation for participation in these transactions has not yet elapsed, and the evidence obtained by the commission Is so complete that there should be no dif ficulty fn the government's securing a con viction In this case.’* I have submitted this report to the de partment of Jus ice for thorough investi gation and for action If action shall prova practicable. Demands Legislation. Surely such a state of affairs as that above set forth emphasizes the need or further federal legislation, not merely be cause of the material benefits such i^K18" lation will secure, but above all because this federal action should be part, and a large part, of the campaign to waken our people as a whole to a lively and etivcuv* condemnation of the low standard or morality implied in such conduct on tne part of great business concerns. The lirst duty of every man is to provide a liveli hood for himself and for those dependent upon him; it Is from every standpoint de sirable that each of our citizens endeavor by hard work and methods to secure for him and nte such a competence as will carry with it tne op portunity to enjoy in reasonable lasmon the comforts and refinements of lit©', furthermore, the man of great ability who obtains a fortune in uprlgnt fashion inevitably In so doing confers a benefit upon the community as a wnoie and is entitled to reward, to respect, ana to admiration. . . .._ But among the many kinds of evil, so cial, industrial, and political, which it is our duty as a nation sternly to combat, there is none at the same time more base and more dangerous than the greed which treats the plain and simple rules of hon esty with cynical contempt if they fere with making a profit; and as a na tion we can not be held guiltless If we condone such action. The man preaches hatred of wealth honestly ac quired, who Inculcates envy and Jea.lous> and slanderous ill will toward those of ms fellows who by thrift, energy, and dustry have become men of means, is a menace to the community. But his coun terpart in evil is to be found in that par ticular kind of multimillionaire who is a/“ most the least envlble, and is cjrtaini one of the least admirable, of all our izens; a man of whom it has been well said that his face haB grown ■ hard and cruel while his body has grown soft, whose son is a fool and his daughter a foreign princess; whose nominal P‘ea8” ures are at best those of a tasteless ana extravagant luxury, and whose real ae llght, whose real life work, i» the ac cumulation and use of power in its most sordid and least elevating form. In tne chaos of an absolutely unrestricted com mercial Individualism under modern c©n~ ditiOns. this is a type that becomes prom inent as inevitably as the marauder baron became prominent In the physical chaos of the dark ages. We are striving for legislation to minimize the aouses which give this type Its flourishing prominence, partly for the sake of what can be ac complished by the legislation Itself, and partly because the legislation marka our participation In a great and stern moral movement to bring our ideals and our con duct into measurable accord. Theodore Roosevelt. The White House, April 27, 1908. Summary or nepon. In the report of the finance committee to the mayor and city council of Boston, subjoined by the president to his message, the methods employed In the alleged col lusions are considered under three heads— combinations among boilermakers, com binations among contractors for fire proof ing, and combinations between corpora tions and firms engaged In the manufac ture or supply of structural steel. Under the first heading the committee charges that “some one familiar with the operations of the school house department would furnish each person Invited to bid the names of the other persons to whom Invitations had been extended. The con cerns selected would then arrange be tween themselves as to who should do the work, as to the price to be fixed and as to the division of the profits. The report names two companies as the corporations found to be guilty of collu sive practices in bidding for fire proofing contracts, and says: “These companies combined for the purpose of parcelling out the work. Contract for contract was generally conceded, although In ®OI^e cases money was paid as the price of ab staining from competition. This resulted in high prices to the customer, and exac tions were thus obtained from all sorts and conditions of men and corporations.' The portion of the report devoted to combinations in the structural steel trade deals with what is termed “the Boston agreement," and the charge is made that “In order to preserve the appearance of competition and to ensure the success of the scheme of collusion, the parties to the agreement would arrange the bids to be submitted in a progressive scale above the prearranged bid of the concern to which the work had been allotted. • • • • The members of the 'agreement' did not hesitate to fortify their bids by false statements in writing that they were made in good faith, without fraud, collu sion or connection with any other bidder." Proposing to a Widow. From London Sketch. He—Would you think me very—I mean, would It be bad taste on my part She (hastily)—Not a bit. He—But you don’t know—you can't know—what I was going to say. I was going to say, would (t be very Imperti nent of me If I She (tenderly)—I think I do know, Harry, and I can assure you that I should not resent It in the least. He—Ah, but it was something much more serious than you imagine—some thing about She (looking down)—Something about your future life? He—No; not quite so serious as that. Something about my present life. She—That’s what I meant—the sec ond half of your present life. He—Oh, I’m only 27, you know. She—I know; but when a man con templates a great change In his life He—You did know, then? She—Months ago, dearest. I read It in your eyes the llrst day we met. He—By Jove! Then—why, I’ve dona It! She (weeping a little)—Harry, you have swept me off my feet! He—My love! I know I was brutally frank, but don’t cry. She—You men! How irresistible you are! __ A London specialist has been giving his views on smoking to the Dally Mail. This authority declares that the clgar et. if the smoke is not inhaled, Is the least harmful way of smoking, but if the smoke is inhaled It is the most rabid form of heart poisoning you can get. It will affect a young man’s heart quicker than cigar or pipe smoking af fects a man between 56 and 65, at which age a man is affected more by smoking than at any other. And tho beter the cigars the more ’’likely it la that harm will be done. Therefore, smoke cabbage; the Havana cigars ara i worse than any others." Curious of tha Future. From the Youth's Companion. •'Have you fixed up my will just the way 1 told you?” asked the sick man, who was the possessor of many needy relatives and some well-to-do but grasping ones. "I have,” asserted the lawyer. •'Just as strong and tight as you can make it, eh?" asked his client. The lawyer nodded. "All right,” said the sick man. “Now I want to ask you one thing—not pro fessionally—who do you think stands the best chance of getting the prop erty when I’m gone?” The Art of Punctuation. From the Boston Transcript. Returning from school the other aft ernoon, little Edith proudly informed her mother that she had learned how to “punctuate." “You see, mamma.” explained Edith, when you write 'scat’ you put a hat pin after it. and when you ask a ques tion. then you put down a button hook.” The police department of Canton. China, has Issued a proclamation for bidding the sale of the flesh of dogs and cats as food. What She Thought. From the Taller. We were talking about honors, and I heard the story about Sir Lawrence Alma-Tadema, R. A., when he was knighted. •‘Oh," said a lady friend, ‘'dear Sir Lawrence, I am so glad. I suppose now that you have been knighted you'll give up painting and live like a gentleman?” A Montreal grain merchant recently sent an Inquiry to London by the wire less system and received an answer In less than two hours. FARM FACTS. One ounce of carbonate of potassium to each quart of rain water makes an excellent wash for mange or itch. Watch the affected parts once each week wi this mixture and then wash off the mixture with clean rain water. For scratches in horses try this: Ox ide of zinc, one dram; vaseline, one ounce. Never apply water to the legs Scratches will never occur when th* mud has been allowed to dry and then brushed oft without the application of water. FATE OF BIG FINE NEAR SETTLEMENT $29,000,000 Oil Trust Case to to Be Heard in Court of Ap peals Next Thursday. Washington, D. C.. May r.,—Accord ing to the view of the department of Justice and administration officials generally, the most important legal case In the recent history of the gov ernment is that which will be present ed to the United States circuit court of appeals of Edwin W. Sims, district attorney at Chicago. The case Is set down for argument on Thursday of next week, and the decision ns to whether the $29,000,000 fine Imposed by Judge Landis upon the Standard Oil company was Justified will be awaited with Intense interest by members ol Congress and by the president and of ficers of the department of Justice. If the big fine is sustained It will mean a ’-ody blow for the oil monopoly, as It will wipe out the profits of one branch of the big concern for two or three years at least. There Is a great principle at stake, aside from the enor mous fine, and the government Is anx ious to uphold Its position that every' shipment of goods Involving rebate is a separate offense whether made un der a general contract or not and whatever be the time of payment. Fortunately for the government the supreme court has this winter decid ed several cases which have a direct bearing on the main contention of the Standard OH company In the Chicago suit, which resulted In the Imposition of the sensational fine. The govern ment has been sustained Invariably, and some of the most Important points made by John P. Miller and other at torneys of the Standard OH company during tbe trial of the Chicago case Imvo now been specifically overuled by the supreme court. The result is that on appeal to the circuit court of appeals next week the principal point at issue will be not so much the constitutionality of the Elk ins law or the question whether It was repealed In whole or In part by the Hepburn law. The real Issue will be, first, as to whether there was a sepa rate offense every time a shipment was made, and, secondly, whether the fine of $29,240,000 was excessive, and an abuse of discretion, so that it be came cruel and unusual punishment, which Is prohibited by the constitution of the United States. LOCKOUT IN ENGLAND TO EFFECT 250,000 Disagreement as to Wages Puts Shipbuilding Industry to the Bad. Gasgow, May 5.—Clyde shipbuilders this morning locked out 6,000 wood workers from their yards. Lockouts have been decided upon at all ship building yards In the United Kingdom, affecting not less than 250,000 men. The question of reduction of wages is Involved. London, May C.—Woodworkers In all the shipbuilding yards In the country, totaling about 15,000 men, were locked out today In pursuance of the deter mination of the masters to close the yards unless the northeast coast strik ers agree to their terms. Workmen In other branches, totaling many scores of thousands, will necessarily have to cease work before long unless a settle ment of the dispute Is reached. ANOTHER TEAPOT WAR IN SOUTH AMERICA Panama, May B.—It is reported that Honduras Is concentrating her forces on tho Guatemalan frontiers. Passen gers who have arrived here recently from Guatemala say that a revolution was being planned against the Hon duran government by General Domingo Vasques, ex-presldent of Honduras, who la supposed to have the support of Guatemala. The situation In Guatemala Is re ported to be exceedingly critical. The passengers say that among the per sons reported to have been executed there are members of wealthy Central American families. AND HERE’S-ANOTHER. rtlo Janeiro. Mny 5.—News has been received here by telegraph from the west coast of a revolutionary outbreak In Peru. The movement is said to have started at the town of Chosica, near Lima. _ _ $1,400 LAY UNDER SIDEWALK A YEAR Minneapolis. May 5.—With hundreds of people walking over them every day, certificates of deposit representing a small fortune—and representing, too, a robbery—lay undisturbed under a First avenue S sidewalk for almost a year until they were discovered accidentally yesterday. Carl Strand, an employe of Janney, Semple, Hill & Co., found the water ctr.laed, discolored certificates, worth $1,-100, under the sidewalk on the First avenue side of the company's building. They had been pushed through a broken deadlight In the sidewalk. Mr. Strand turned the papers, with a note book found with them, over to Police Superintendent Corriston. The tour certificates of deposit repre sent deposits made in the Citizens' bank and the Si.ite bank of New Ulm by Car’. Schwaderer. A year ago Schtvad erer returned to New Ulm from Minne apolis and told a story of having been robbed ir. this city. He made no report to the police here. Unable to recover his certificates of deposit, he has been forced to let the'money stay in the New Ulm banks. He Is now working on a farm near Nicollet, Minn. DR. DIX'S FUNERAL. New York, May 5.—Hundreds of men prominent in New York business, social and religious life attended the funeral services today over the body of Rev. Dr. Morgan Dix, held in Trinity church. BOY FAN, HIT BY POP BOTTLE, DEAD Grand Rapid*. Mich., May 5-liWm. Haverkamp, aged 13, died today as a result of being strdek on the head dur ing yesterday's ball game, by a pop bottle thrown from above him in the bleachers. Edward Parks Is under ar rest, charged with having thrown the bottle. The total wages paid to textile work ers in Germany Increased from $82,118, 000 In 1886 to *32,C78.CCO in 190R. CHICAGO SUBWAY TO BE LIKE BOSTON’S Effort to Relieve Traffic Con gestion Begun in Windy City. Chicago, May 5—What may be called a start on building the much desired subway in downtown Chicago was made when General William Sooy Smith called on Mayor Busse to talk over the matter. The general Is honorary consulting engineer In the subway project, having agreed to give the city the benefit of hts professional skill and personal knowledge of Chicago without charge. At present he Is the only engineer tha city has In this project, although other* will have to be engaged later. At the same time everybody connect ed, either officially or only In a general way, with the subway proposition got busy as far as he could, and all Indi cations showed that the mayor’s ex pressed desire that the matter be car ried through as quickly as it possibly con will be compiled with. What Is most remarkable was that, considering the magnitude of the enterprise, ther* was so little real difference of opinion. Everybody agreed there are no en gineering difficulties In the way and the only question to be solved Is that of raising the money to do the work with. Everybody agreed that the subway should be a high level one, having tha street surface above as Its roof. Everybody agreed the subway should be built on the Boston, and not the New York plan—In other words, taking the cars underground In the congested dis trict and bringing them to the surface when the boundaries of this district are passed. Everybody agreed that the subway must not be considered as a plan to re-* move all cars from the street surface. To meet the growth of the city some cars must always be run there, but the number sent underground will ma terially relieve traffic congestion. DUKE WRITES BOOK TO TELL. OWN LOVE TALE London, May 6.—Grand Duke Michael Michaelovltch has written a novel en titled "Never Say Die." The book virtually tells the story of hls own romance and exile for marry ing morganatlcally, though the hero Is represented as a German prince, who is compelled to meet the enmity of his family by marrying beneath hls rank. 'The novel Is dedicated to "My Wife." In hls preface the author says ho wishes from the standpoint of a mem ber of an Imperial family to prove how wrong the world is in thinking that per sons of hls position are the happiest be ings on earth. He admits that they are well placed financially, but he aaks If wealth is tho only happiness In the world. He adds: "Surely love for a woman, the cholco of a wife, s the greatest happiness, but even In this we have not the facili ties or private Individuals. We havo less choice, and there Is often a relig ious question. So. It will be easily un derstood what a terrible lottery mar riage In our position is, and why, con sequently, there are so few happy un ions." The book was written In Eng lish. of which Grand Duke Michael io a master. Grand Duke Michael was born at Pe terhof In 1861, and was married mor ganatlcally at San Remo In 1801 to Sophie, countess of Merenberg, who was created countess of Torby by the grand duke of Luxemburg. They have two daughters and a son. GIRLS REBEL AT TROUSERS; TEACHER FORCED TO RESIGN Chattanooga, Tenn., May 6.—With tho resignation of Miss Lillie Condra as o public school teacher culminates a most Interesting series of sensations In school circles. Miss Condra was coaching her puptlo for a play to be given at commence ment and felt that she needed two boya, for which parts she could only And two girls who were eligible. She suggested them to don masculine attire for the occasion, but the two ob jected most strenuously. The matter was discussed before the class. All the' girls objected, but the boys were per fectly willing. Miss Condra pressed the point and a revolution resulted which ended In the teacher's retirement. RAZORLESS SHAVER CHARGED WITH FRAUD Sellnsgrove, Pa„ May —Post office Inspector Lucas arrested M. D. Mc Oniber. of Milton, charging him with fraudulent use of the malls. The de fendant was held In ball for the June term of the United States district court. McOmber’s arrest grew out of an ad vertisement. which he sent broadcast, claiming to manufacture a shaving preparation with which the beard could be removed from a man's face without the use of a razor. Postmaster Kopkins. of Milton. calleA upon McOmber and asked to be shaved without a razor. The latter proceeded, to rub some stuff on the postmaster’# face and then, with a towel, tried to re* move all traces of his beard. Before the job was completed thw postmaster's face looked like a raw piece of beef and was a sight to behold. The arrest followed. EJECTED HOBO TRIES TO BLOW UP TRAIN Butte, Mont., May 5.—An eastbound Burlington train due In Butte at 11:3# ust night was dynamited about a mlie west of the Northern Pacaflc station. The explosion caused the first or -lelper engine to leave the rails, but It plowed along for a few hundred feet without turning over. The second en gine • ■rushed into the bank south of he track, near where the explosion oc •urred. Engineer Bussey was crushed ,o death beneath the engine. Fireman Bhle was badly scalded. Carl Mange ,vas seriously Injured. The dynamiting Is believed to have seen the work of some hobo seeking evenge for being ejected from soma :raln. BARONESS MURDERS HUSBAND BUT SURVIVES ATTEMPT AT SUICIDE Berlin, May 5.—Baroness Udo von Ruexleber. shot and killed her husband In their chateau at Huddenberg; near Dortmund, last night. She then shot herself, but survivt s the self Inflicted wound. No explanation has beeu made. The barcn, who was of an ol t Thurlngian family, married Wand* von Strombccl:, oi Bnlin, last Novem ber. f | <<