The frontier. (O'Neill City, Holt County, Neb.) 1880-1965, May 18, 1911, Image 3

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    GETTING FRIENDLY.
.1_mm mn
Tom—Making any progress in your
«u|t for Miss Millyun's hand?
Dick—Oh, yes.
Tom—Why, I heard her father kick
ed you out every time you called.
Dick—Yes; but he doesn’t kick me
es bard as he used to.
Ambiguous.
Obliging Shopman (to lady who has
purchased a pound of butter)—Shall I
*en«S it for you, madam?
I-ady—No, thank you. It won't be
toa< heavy for me.
Obliging Shopman—Oh, no, madam.
I'll, make it as light as I possibly
can..—Punch.
Strictly Business.
Mrs. Knicker—Did you hold a short
eeswion with your husband?
Mrs. Bocker—Yes, I merely had him
pass an appropriation bill.
frHe
i fni-iim ii|na
A trial package of Munyon’s Paw Taw
Pi'jfs will be sent free to anyone on re
Address Professor Munyon, 53d &
eflerson Sts., Philadelphia, Pa. If you are
m. need of medical advice, do not fail to
write Professor Munyon. Your communi
»aen will be treated in strict confidence,
»b*£ your case will be diagnosed as care
faSy as though you had a personal inter
siewr.
Mimyon's Paw Paw Pills are unlike
«H other laxatives or cathartics. They
a**K the liver into activity by gentle
ateZiiods. They do not scour, they do
mt gripe, they do not weaken, but they
<f<* start all the secretions of the liver
»*3 stomach in a way that soon puts
tfcese organs in a healthy condition and
•ejwrrects constipation. In my opinion
•oewstipation is responsible for most ail
ments. There are 20 feet of human
Swivels, which is really a sewer pipe.
USTaen this pipe becomes clogged the
whale system becomes poisoned, caus
is.fi biliousness, indigestion and impure
SiViod, which often produce rheumatism
aod kidney ailments. No woman who
sEiffers with constipation or any liver
ailment can expect to have a clear
complexion or enjoy good health. If
I bad my way I would prohibit the sale
af nine-tenths of the cathartics that are
■auyw being sold for the reason that they
won destroy the lining of the stomach,
wetting up serious forms of indigestion,
-mad to paralyze the bowels that they re
fuse to act unless forced by strong
gwsrgatives.
Munyon’s Paw Paw Pills are a tonic
4® the stomach, liver and nerves. They
invigorate instead of weaken; they en
rich the blood Instead of Impoverish
•it; they enable the stomach to get alj
the nourishment from food that is put
into it.
These pills contain no calomel, no
Jope; they are soothing, healing and
stimulating. They school the bowels
to act without physic.
Regular size bottle, containing 45 pills,
25 cents. Munyon’s Laboratory, 53d Jt
■JEellarcon Sts.. Philadelphia.
ROOSEVELT MAN GETS
POSITION IN CABINET
Secretary of War Dickinson
Resigns and Henry L. Stim
son Succeeds Him.
Washington, May 15. — Secretary of
War Jacob McGavook Dickinson, of
Tennessee, the democratic member of
President Taft's cabinet, has resigned.
Henry L. Stimson, of New York, re
cently defeated republican candidate
for governor of that state, has been
given the portfolio. This announcement
was made from the White House la^t
sight.
In the letters exchanged between the
president and Mr. Dickinson no reason
other than that of pressing private af
fairs is given for the secretary's retire
ment. The president will confer with
Mr. Stimson today or Sunday, but
the new secretary of war will not be
•worn in until the return of the presl
lent to the capital on Monday.
Mr. Dickinson will go to his Tennes
»ee home immediately upon the quali
fication of his successor. He expecti
to devote his attention to business and
will not return to the practice of law,
In which he was engaged when Presi
dent Taft appointed him secretary oi
war in March, 1909. He is the second
member of Mr. Taft’s cabinet to retire
to private life. Secretary of the Inter
ior Ballinger having severed his con
nection with the president's official
family only a few months ago.
Coincident with the announcement oi
Mr. Dickinson’s retirement came the
appointment of C. S. Millington, oi
Herkimer, N. Y„ to be assistant treas
urer of the United States in New York.
Mr. Stimson was the Roosevelt candi
date for governor, while Mr. Millington
was a former member of the Hous<
from the Twenty-seventh New York
district, and is a close friend of Vice
President Sherman.
Nashvillei Tenn., May 15. — Deter
mination to quit public life when he
reached three score years and to speno
the remainder of his days with his
family and in quiet business pursuits
was responsible for the resignation oi
J. M. Dickinson as secretary of war.
This statement was made here today
by one of the secretary’s close kinsmen.
Judge Dickinson was 60 years old last
January and his retirement from the
Taft cabinet yesterday, relatives de
clare, is simply in line with the prom
ise to spend his declining years wltb
his family. The Dickinsons are plan
ning to build a new country home
here.
The relatives declared the secretary
and President Taft thoroughly under
stand each other, and that no break in
their relations had inspired the resig
nation.
New York, May 15.—The new secre
tary of war, Henry L. Stimson, was
formerly a law partner of Senator
Elihu Root, himself at one time secre
tary of war, and It was Senator Root
who first asked Mr. Stimson informal
ly if the portfolio would be acceptable
to him. That was last Thursday and
i few days later there followed an ap
pointment with Mr. Htlles, secretary
to the president, when the formal offer
was made and accepted.
TRIES SUICIDE AFTER
AFFINITY ENDS LIFE
Student of Mystic Doctor Turns
on the Gas After He
Dies.
New York. May 15.—As a sequel to
the suicide two days ago of Dr. W. R.
Lathson, physician and magazine
writer, Mies Alta Marhovka. his stu
lent and aide, attempted to kill herself
n her apartments early today. She was
:aken unconscious from a gas filled
■oom to a nearby hospital, where it
was said that her recovery is unlikely.
The police declare that the young wo
•nan's act was undoubtedly part of a
mlclde pact with her friend and
eacher.
The girl told the police yesterday
of the studies which she and the doc
or had pursued in Indian mysticism,
^astern theosophy and mystic psych
ology, declaring hysterically that to
oetther of them did suicide seem a
.rime.
"Only h<s body is dead,” she said.
‘His astral body still lives, and my
iou! beats in unison with his. W«
ihall meet again ‘ere long.”
HOMELY GIRL TRIES
TO MARRYA KOREAN
She Is Arrested Before She Can
Carry Out Her Inten
tion.
Seattle, Wash., May 15.—“I'm not
rood looking, and a girl in my fix is not
,pt to get many chances to marry. I'm
rot going to become a joke to my
riends, so when I chose to marry John
Toun, despite his yellow color, it was
ny own funeral, if you please.”
This was the reply of Lydia Oster
und, a wealthy Ballard girl, to those
/ho prevented her marriage to Youn,
• Korean, by causing the arrest of the
ouple when they were about to go
.board a steamer for a British Colum
tla port at Tacoma.
On the other side of the line they ex
lected to obtain the marriage license,
vhieh the Pierce county authorities
efused to issue and for which they
vere afraid to apply in King county,
lecause the girl’s parents wore watch
ng closely to prevent the union.
JAPANESE RELIEF FUND.
Tokio. May 15.—Prince Katsura,
iremier and minister of finance. Is
eading a movement to obtain a fund of
10,000 to be used for the relief of the
ilck and poor of Japan.
COLONEL VAN HORN IS
HONORED BY FRIENDS
Kansas City, Mo„ May 15.—In honor
»! Col. R. T. Van Horn, who in 1855
>egan the publication of Kansas City’s
lrst newspaper, the Journal of Corn
nerce, which later became the Kansas
Dlty Journal, the Kansas City Histori
cal society today observed “Van Horn
day.” _
Spirit Lake—Deibner Bros, are plan
ning for the erection of a double store
building.
JOHN DIETZ MUST
SERVE LIFE TERM
FOR KILLING HARP
Hero of Cameron Dam, Wis., Is
Found Guilty by Jury of Mur
der in the First Degree.
Hayward. Wis.. May 15. — John F.
Dietz will spend the rest of hls natural
life at hard labor in th< state peni
tentiary at Waupun, by the verdict of
the Jury today, for the murder of Dep
uty Oscar Harp In the battle of Cam
eron dam on October 8 last. The Jury
Brought in the following verdict:
“John Dietz guilty of murder in the
first degree. Hattie Dietz, his wife, not
guilty of murder in the first degree.
Leslie Dietz, his son, not guilty of mur
der in the first degree.”
The smile with which the old man
has always faced the things that have
happened him did not desert him. He
•mlled as the Judge read the verdict
handed up by. the foreman of the Jury.
He made no demonstration.
The verdict In John Dietz’s case was
ihe first read. As the verdict came out,
a frown came over the face of Mrs.
Dietz and she glared at the Jury. Les
lie smiled faintly and the color came
ind went In his face.
The announcement that the Jury had
arrived at a verdict was made at 8:45
B’clock. Judge Reid was immediately
notified and Sheriff Fred Clark receiv
sd a telephone message from the clerk
of the court to bring John Dietz Into
:he court room.
Mrs. Dietz had been with her hus
band throughout the night, and Leslie
called this morning. The three de
fendants came to the court house walk
ing side by side accompanied by three
ipeclal deputies.
Denounces Lumber Trust,
"Mr. Dietz,” said the Judge, "have
you anything to say before sentence is
passed ?”
Dietz calmly faced Judge Reid.
“Do you suppose,” he asked, looking
Btraight at the Judge, “I haven’t known
that sooner or later the lumber trust,
because it is big and I am little, would
kill me, or put me out of the way? I
have fought my fight and defended my
home and family. I have done nothing
wrong, and this conviction does not
alter the facts. The trust has one creed,
one law, one purpose, that Is ’rule or
ruin.’ They could not rule John Dietz;
so they tried for six years to ruin him.
This morning it looks as if they have
got what they were after.
"I have done nothing wrong, and the
state has. And yet it is the state that
sends me to Jail. It is the state that
has come in here in a court of law and
has come in here in a court of law and
was not allowed, and have never been
allowed, to tell what started this whole
trouble.
“It Is the state that waylaid my chil
dren and took one away to Jail and put
a bullet through the other—a young
girl."
"I cannot see, Mr. Dietz, that that
has anything to do with the killing of
Oscar Harp,” said Judge Reid.
New Trial Is Denied.
Dietz made the usual motion for a
new trial, although the motion probably
has never been followed by an argu
ment like the one heard this morning
in the little country court. V. W.
James, of Eau Claire, special attorney
for the state, suggested to the convicted
man that he get an attorney to draw
jp the motion in proper legal form, and
ask the court for a 10 days’ stay in
which to file the exception..
Dietz ignored the suggestion and
plunged headlong into hls denunciation
of the “lumber trust.’’ The court also
advised Dietz to get an attorney. Judge
Reid overruled the motion for a new
trial, but gave Dietz 10 days In which
to file exceptions.
History of the Affair.
The trouble between John F. Dietz
and the lumber companies operating in
Sawyer county was began in 'February
1904, through Dietz’s refusal to allow
the companies' to flow logs ov •• the
Cameron dam on a quarter section
bought by Mrs. Dietz without paying
him the toll he demanded.
In the 10 principal attempts to cap
ture him on various charges and legal
processes, Oscar Harp, a deputy sher
iff, was killed October 8 last, several
men were wounded, Myra Dietz was
shot through the body, Clarence Dietz
was wounded in the forehead and John
Dietz was hot through the hand. The
shooting of Bert Horel, at Winter,
Wis., by Dietz September 6 last, is
more or less closely traceable to the
original trouble.
Tile tenth armed effort to take
Dietz was successful, and he "became a
prisoner October 8 last. He was
charged with various offenses ranging
from destruction of propertv and as
sault and battery to murder ’r. the first
degree. Mrs. Dietz and Leslie were
defendants in the murder ease. They,
Myra and Clarence and John Dietz are
defendants in other actions pending
against the family.
On account of the unexpectedly early
verdict, the court room was occupied
only by those who have followed every
move In the trial from the beginning.
There was a moment's silence follow
ing the reading of the verdict. The
court then asked Dietz to stand up.
DIAMONDS AT RENO
DAZZLE BERNHARDT
Gowns and Jewelry Worth
Third of Million Deck Di
vorce Seekers at “Camille.’
He no, Nev.. May 15.—The Majcsil.
theater, thanks to the divorce colony,
presented the most brilliant scene since
Its opening, when Sarah Bernhardt
appeared In "Camille."
The “colony” women of the east
monopolized not only all the boxes, but
a large portion of the orchestra circle.
They vied with each other In elaborate
ness of dress and display of Jewels. It
is estimated that the gowns and jewelry
represented not less than a third of a
million dollars.
Bernhardt declared It to be the most
brilliant reception she ever was hon
ored with outside of New York city.
LANG WINS FIGHT.
Sydney. N. S. W., May 15—Bill Lang
won his fight with Jack Lester, Tommy
Burns’ protege, in the sixth round to
night. Lester broke one of his wrists
and was practically defenseless, Lang
being given the decision. Lang was
the favorite In the betting.
FIELDER SUSPENDED.
New York, May 15. — Outfielder
Davidson, of the Brooklyn club, was to
day suspended for three days by Presi
dent Lynch, of the National league, for
his trouble yesterday with Umpires
Klem and Doyle.
ROGUE IS BARRED
BY BRITISH QUEEN
Women Who Paint Their Facet
or Use Lib Save Are Forbid
den the Privileges of Court.
London, May IS.—The frigid and re
straining hand of Queen Mary waa felt
forcibly at the first court of King
leorge's reign.
The lyord Chamberlain, acting fot
the austere sovereign, had already noti
fied the great dressmakers of London
that they were to Inform their custom
ers that it was the queen's wish, which
In only a euphemism for command,
that hobble dresses and clinging skirts
should not be worn at state functions,
and after the first gasp of dismay ths
edict was accepted as the laBt word.
But other words were to come, ana
on the afternoon before the court waa
held a quiet "suggestion" by the queen
was swiftly sent abroad that lip salve
and rouge should be dispensed with by
tho women who were to attend. With
this suggestion went a royal conces
sion permitting the use of face powde*
In moderate quantities.
And so it happened that the facial
pigments were noticeably abBent. and
even the conceded rice powder waa
seen to have been “puffed" on with
gentle hands.
Still another suggestion has been
promulgated, and this, in the opinion ol
many, caps the restrictive climax. II
Is that the royal ban may be accepted
as lying against women wearing elbow
length sleeverf and "uncollared” after
noon dresses In the royal enclosure a»
Ascot, and that large hats are forbidden
In the same sacred precinct.
4 EMBLEMATIC MAIDEN 4
4 TOO SHY OF CLOTHES 4
4 ---— 4
4 Richmond, Va., May 13.—It 4
4 waa declared in the state library 4
4 building today that a bill will be 4j
4 introduced before the next legia- 4
4 lature providing that a more 4
4 modern and maidenly figure be 4
4 substituted in the Virginia state 4
4 seal in the place of the amazon 4{
4 who has conquered the tryant. 4
4 It is pointed out by those ad- 4j
4 vocatina the chaoga that the fe- 4
4 male which now helps to em- 4
4 blazon the arms of Virginia is 4
4 “masculine, immodest and no 4
4 true child of art.” 4
4 As she stands today this 4
4 daughter of liberty is clothed 4
4 principally in majesty, the 4
f natural litheness of her limbs 4
4 being neither hobbled nor ha- 4
4 remed. '4
tHMHiniltliitttlillttt
FIGHTS TO DIE AT
BRINK OF NIAGARA
Aged Woman Struggles to
Thwart Man Who Tried to
Pull Her From Cataract.
Niagara Falls, N. Y„ May 13.—
Fighting with grim determination t<
end her life, Mrs. Elizabeth Hartley
of Buffalo, 60 years old, was rescued
from death at the very brink of the
cataract by Constable Thomas Har
rington, who faced constant danger ol
being carried over the falls with the
struggling woman.
Mrs. Hartley, who came here today,
entered the water about 60 feet above
the falls. Her dress caught on a
Jagged rock 16 feet from the brink ol
the falls. There she was held unti:
Harrington reached the bank with e
pike pole and hooked It into her dress
Her arms pinioned by the terrlfle
current, Mrs. Hartley tried to get fre<
from the pole, but finally, weakened
by her struggles, she became quiet anc
was dragged ashore. At the hospita
where she was taken It la said she can
not live.
On the river bank was found a let
ter and a bunch of flowers. The lette:
read: "No longer to be treated as t
thing demented.”
Word received later from Buffalc
said Mrs. Hartley was an Inmate o:
the state hospital there. She had beei
on parole for several weeks and lef
the Institution to take a position In i
private family. She had shown ni
signs of her mental trouble for threi
months.
MAN WHO SOLD BODY
DENIES HE IS DEAL
Qrewsome Press Agent Storj
About Charles Kittrick, an
Invalid, Proves Fake.
Chicago, May 13—A grewsome pres
agent story for a small north side hos
pltal, operated by a man name'
Rogers, was nailed when the victin
of the alleged practical Joke indig
nantly denied the yarn.
According to reports circulated b
the son of the hospital owner, wh
has acted as his father's press agen
for some time, Charles Kittrick, a
invalid, had sold himself "body an
soul” to seven nurses of the liospltt
for 37. The nurses, It was said, wer
making a grewsome speculation.
The next night a report was sent ou
by young Rogers that Kittrick had die
at 9:05 o’clock. Kittrick awoke th
following morning, read his obltuar
notices in the newspapers and the
.ndlgnantly denied that he has passe
from the land of the living. He als
declared that he would take.steps t
punish the over-enthusiastic pres
agent for his "practical Joke."
ANOTHER GRAFT TRIAL.
Pittsburg. Pa., May 13. — Chari*
Schad, former member of the sele*
council, was placed on trial In crlir
Inal court today before Judges Kraz*
and Shafer on two charges of bribei
in connection with councilmanle oi
dinances. This is Schad's second trio
OIL SCHOONER WRECKED.
Pensacola, Fla., May 13.—It was e:
;ablfshed this morning that the vess
which was wrecked and washed ashoi
xt St. Andrew's beach in the gulf stor
two weeks ago was tne schooner Que*
of the Standard Oil company. Her ere
of five men were undoubtedly drowne
The boat is a total loss.
GETS SCHOLARSHIP.
London, May 13. — At the nnp.u
meeting of the British Iron and Ste
Iristttute today, the Carnegie rescan
scholarship of 3300, was awarded to
M. Keeney, of Colorado.
HIDE AND SEEK GAME
PLAYED IN CONGRESS
Two Houses Are Taking Sep
arate Days on Which to
Hold Meetings.
Washington, May 13.--The Senate
nd Houso of Representatives, to all
ppearances. are engaged In a game
f hide and seek. The Senate was In
esslon yesterday and the House was
not. The House was In session today
and the Senate was not. Tomorrow
neither will be In session. The Senate
ivlll meet again on Monday, but the
House will not. The House will meet
Tuesday, out the Senate will not.
The House has decided to adjourn
f.ver Monday because the order for
I hat day Is the discharge of commit
tees. One of the discharge motions
would result In calling up for action a
$140,000,000 service pension bill. The
passage of this bill Is not on the dem
ocratic program for the extra session.
A parliamentary contest In the Sen
ate as exciting as the skirmishes that
marked the attempt to elect a presi
dent pro tempore yesterday was pre
dicted for Monday.
Will the Senate hear the promised re
port of the finance committee on Ca
nadian reciprocity, consider some other
l egislative proposition or continue bal
loting? That question was variously
tnswered by senators. Some were ot
'he opinion that nothing could be done
antll a president pro tempore had been
selected. Others contended that the
mere presence of Vice President Sher
man at the capitol was all that wae
necessary to sweep away the question
if whom should occupy the chair in
tils absence.
Washington. May 12.—The Incapacity
of the. republican party In the Senate
lo control a caucus edict without the
Bid of the progressives was demon
rtrated yesterday when after more
Ilian two hours of effort and as a re
fult of seven ballots, the Senate failed
lo elect Senator Galllnger, of New
Hampshire, as president pro tempore
lo succeed Senator Frye, of Maine. Mr.
Frye's recent resignation was based
pn poor health.
The deadlock was due to the opposi
tion of the progressive republican sen
ators, five of whom voted against and
three of whom were paired against Mr.
Galllnger.
Washington, May 12.—Senator Cum
mins got back from Hot Springs today
much Improved by his outing. He said
today he expected the Lorlmer resolu
tion to be brought up In the Senato at
Bn early date. _ _
44444444444444444444444444
4 4
4 BIG DROP IN MAY PORK 4
4 IN THE CHICAGO MARKET 4
4 4
4 Chicago, May 13.—May pork 4
4 fell $1.45 a barrel in price today, 4
4 closing at $16.00 at against 4
4 $17.45 the corresponding time 4
^ 24 hours previously. There hat 4
4 been something of a squeeze 4
4 against short selling in that 4
4 option, and the drop in quota- 4
4 tions was taken to mean that 4
4 the delinquents had pocketed 4
4 their losses and effected a set- 4
4 tlement. 4
4 4
^44444444444444444444 ♦ 44-44
SUGAR TAX IN BRITAIN
IS CALLED OBNOXIOUS
London, May 13.—Representatives o
hose who are urging on the govern
pent the remission of the sugar tai
ad an Interclew with David Lloyd
ieorgo today and asked him to abolisl
■ his provision for revenue from th<
orthcomlng budget.
The chancellor was sympathetic
laying that he urged that the suga
I uty was oppressive to the poor am
'nterferred with valuable industry. I
’ yas most desirable that It should b
• mmitted 1C he could extract the sam
i mount of taxes from somebody else
1 jlowever, as It was he could not af
’ lord to surrender a tax that wa
i [ringing $15,000,000.
? COUNCIL BLUFFS BONDS
’ WILL SELL AT AUCTI0P
Chicago, May 13.—A new method u
lUtting municipal bonds on the mar
;et has been inaugurated in Chlcagi
('he city of Council BlufTs, Ia„ ha
I lent an issue of bonds to be used to
larloua municipal purposes and wl
jo 11 them at auction to the hlghef
Didder at one of the principal hotel
lore next week.
r Tile citv clerk of Council Bluffs wi
‘ preside at the sale and will furnish t
Intending purchasers an opinion by
iecognissed firm of Chicago attorney
lipproving the bond issue.
J LORD MAYOR OF DUBLIN
; URGES WOMAN SUFFRAG
London, May 13.—The advocates i
r woman's suffrage gave their cause ai
i ether boost in the house of commor
t today when Lord Mayor John J. Fai
l reli at the head of a deputation froi
3 the'corporation of Dublin, presented i
1 the bar of the house a petition urgir
B the passage of a female suffrage bi
at the present session of parliamen
t The members of the deputation a]
3 peared in the full regalia of their o
0 fires and the ceremony was attend*
V with picturesque details.
I LADY DECIES GOES UNDER
; KNIFE FOR APPENDICITI
London, May 13.—Lady Decies, wl
before her marriage to Lord Deci
s wa3 Miss Helen Vivien Gould, unde
t went an operation for appendicitis th
- morning. The surgery was done
r the residence of her motherinla
y Dowager Lady Decies, and, accordii
- to subsequent announcement, the r
1. pult was most successful.
, COUNTY COMMISSIONER
* DIES OF HEMORRHAG
n
n West Point, "Neb., May 13. — Chi
IV Hupp, a member of the county boai
former sheriff and pioneer citlz*
widely known and respected, died su
denly of cerebral hemorrhage. He w
64 years of age. Mr. Rupp was at
ei board meeting and was sudder
h stricken. Despite medical attention
died tn a few minutes. He ms
widower.
(
■■■■■--.. .. '
PACKERS LOSE AN
IMPORTANT POINT
IN CRIMINAL CASE
Sherman Anti-Trust Law Up
held in Sweeping Decision by
Federal Oonrt in Chicago.
Chicago, May 13.—The demurrers of
the Chicago packers In the "beef trust"
case were overruled today by Judge
Carpenter In the United States district
court. In his ruling Judge Carpenter
declared that the Sherman anti-trust
law, which had been attacked by the
packers Is constitutional. He also held
that the Indictment charging J. Ogden
Armour and other packers with vio
lating Its provisions Is valid.
Judge Carpenter’s decision may have
sn Indirect bearing on all anti-trust
litigation In the United States In up
holding the completeness and stability
af the Sherman antt-truat law. Of this
feature the court aald:
"Congress aimed effectually to pre
vent restraint of trade In Interstate
commerce: It had constitutional power
to accomplish this purpose hy making
restraint of trade criminal acts, or by
empowering the United States as com
plainant to secure Injunctions against
acts which constitute restraints of
trade, or hy both. By passing the Sher
man act It did both.
Packers’ Point Not Uphald.
The packers had based their de
murrers In part on an assertion that
the act did not provide a erfme or
provide legal and constitutional means
of correcting the abuses It was de
signed to control, but the decision di
rectly denied this assumption. They
also claimed that the act did not de
fine the misdoing In terms that woutd
enable the defendant to know In ad
vance that such performances as It
condemned were Illegal. Of this the de
cision says:
"I am of the opinion that the su
preme court of the United States has
determined that sections 1. 2 and 3 of
the Sherman act define with sufficient
accuracy the offenses therein enumer- ’
ated.”
As to the stability of the Indictment
Judge Carpenter said:
"I do not see how the grand jury
tould have made the charge more defin
ite and believe It Is sufficiently speci
fic to satisfy the substantive law. Ths
whole plan (that of the packers as al
leged In the Indictment) from Its In
tention. appears plainly to be one to
•llmlnate competition as a factor tn
fixing prices among the three groups
nf defendants, beginning with ths
igreement not to bid against each
ether, and in fact to bid exactly ths
lame amounts for like grades of live
itock, fixing a uniform selling price and
ending with fixing a uniform price of
tale and an apportionment among
themselves of the total business done.
Paots Show Law Violation.
“I nm of the opinion that the facta
stated In the Indictments show clear
ly a plan or scheme organized and put
In operation by the defendants, ths
ultimate purpose of which was to con
trol the production, sale and distribu
tion of fresh m.-at throughout a large
section of this country, and, as inci
dental to that control to lower prices to
the producer of the raw material and
raise prices to the consumer of the
finished product. While the facts do
i not disclose an aboslute monopoly, yet,
the large percentage of the business
which they control Indicates that they
’ intended to acquire at least commercial
' monopoly.”
Judge Carpenter, overruling the de
piurrers, said he did not think the trial
could be held before fall. May 17 the
packers will appear and plead to the
i charges or file a petition for a bill of
particulars. Government attorneys
question their right to ask such p. bill
1 after the decision today, but that wUJ
be decided at the session May 17.
VESSELS COLLIDE IN
! THE ATLANTIC OCEAN
I '
' Steamship Merida Goes to the
Bottom, but No Lives Are
Lost.
New York, May 13.—The steamship
I Merida of the Ward line, with 207 pas
lengers. from Havana for this city war
ummed by the steamer Admiral Farra,
f jut from Philadelphia for Port Antoni*
- iff Cape Charles, shortly after mid
'■ light. The Merida passengers and
s |rew were transferred to the Admiral
r Vurragut and five hours after the col»
1 islon the Merida sank.
t Wireless distress signals brought th«
3 "United States Battleship Iowa to tht
llerlda’s assistance. The Admiral Far'
1 fagut which had but one passenger or
0 joard, was somewhat damaged in ths
a :ollislon, but was able to return to Phll
® idelphla. Officers of the Merida went
imong the passengers and assured
Ihem there was no danger.
The passengers were transferred tc
the Karragut in life boats and lost aT
- their baggage.
" The Old Dominion line steamer Ham
ilton came along side of the Admiral
if f’arragut, according to a wireless dls
i- patch received here at 10 o'clock thit
s jnornlng, and took the Merida’s pas
•- »engers and crew off the Farragut. Tht
n Hamilton will arrive at Norfolk lat»
t today. _ _ _
» PASTORAL LETTER IS
ISSUED ON MARRIAGE
d St. Johns, N. B., May 13.—On May 27
:here will be read In all Anglican
;hurches In Canada a pastoral lette'
dgned by Archbishop Matson, of Win
_ llpeg, priest of all Canada, and Arch
S alshop Hamilton, of Ottawa, metro
politan of the ecclesiastical province
of Canada, on the question of mixed
10 marlages. It will deprecate such raar
58 rlages. but says that when such are
> performed they are insoluble by the
if church of Rome. The disbelief of the
it Anglican church In divorce Is also
v. (strongly brought out, and the clergy
'8 ttre prohibited from remarrying dl
l' vorced persons during the life of either
person to the first marriage.
PERSECUTION CHARGED
E TO FEDERAL OFFICIALS
Is Waslilngon, May 13. -Represen
tl latlve Bathrlck, of Ohio, today intro
duced a resolution to protect govern
1 ’ ment employes who may be called on
“' to testify before Investigating eom
is mhtees of congress. The resolution
a pets forth that employes of the gov
, eminent fear persecution as a penalty
lor testifying against their superiors
n •,„<! provides that no employe shall be
a i superceded, reduced in rating or dls*
’barged because of such testimony.