i
Pi
The Wealth Makers and Lincoln Independent Consolidated.
VOL. VIII.
LINCOLN, NEBR., THURSDAY, April I, 1897.
NO. 46.
Shi
i
X
I
r
THE COUNT TO PROCEED
The Speaker and Lieutenant Got
ernor Name the Com
l mittees'.
THE RULES THAT WILL GOVERN
The Speaker's Seasons for Denying
e 1
0
e Bepnblicans Repre
sentation.
Count Open to the Public.
Immediately after roll call Friday
morning the speaker of the house and
lieutenant governor announced the com.
mittees to recount the ballots cast for
supreme judge at last election. Imme
diately upon 'their appointment they re
tired and took charge of the ballots and
began to prepare for the count. The
board organized by electing Reprs.
tentative F. F. Loomis, the free silver
republican member of the committee, as
chairman and Representative Fernow as
secretary. They selected as clerks C. J.
Bowlby, and Frank Ross, members of the
old board and from among the employes
of the house, P. W. Murphy, L. G. Cbeu
vront and Judd Wilson. A wooden rail
ing was constructed to keep the crowd
from interfering with the clerks in their
work and the count was begun. All the
work of the committee is open to the by
standers and only the necessary regula
tions are adopted to prevent meddle
some and over officious persons from
interfering with the work. There is
nothing secret, as bus been so frequently
charged. What the result will be no one
knows. The count will be made and the
findings published.
In naming the committees to count
the ballots the speaker and lieutenant
governor gave their reasons for denying
the republicans representation.
Speaker Gaffm
handed the following to the clerk which
was read:
'Pursuant to, and by authority of a
law passed by this legislature, senate
file No. 382, it at this time becomes my
duty to appoint a committee consisting
of four members of the house to act in
conjunction with a committee of the sen
ate to recanvas the vote on the consti
tutional amendment relative to the in
crwgse of supreme judges.
H'namingthis committee I desire to
say, that, while this act provides that
one member uf this committee may be a
I republican; jit in view of the fact that
1 the r?public( as have opposed this re-
conn I; in ever f way possible from the
1 beginning, a( A after having bad a non
I parthian bor d appointed, under a law
1 pan'.! by tfik legislature for the express
I purpose of hiving this canvas made by
such board, 4jpy have resorted to the
I courts with Injunction proceedings in
stituted for t&e purpose of defeating and
(in every way possible sought to embar
rass the canvijs and prevent the count
, from g )ing forward to an honest and
fair completion, and in .view of the fact
that narly every republican member of
this ho me, in the explanation of his vote
yesterday, denounced the recount, ob
jected to it add voted against it; there
fore, it seeml reasonable to presume
(hat if appointed upon this com
mittee they ould continue to delay,
Obstruct and prevent the recount in the
future. I firmly believe that the great
majority of the people of this state, irre
spective of party, are in favor of an hon
, net and speedy recount of the ballots;
and believing also that the people of the
state are entitled to have this count
completed without further obstruction,
and also being satisfied that the commit
tee to v-hoin this matter is entrusted,
will, with proper restrictions, proceed
with the count in a public way, allowing
prtss representatives and others to wit.
neas the count in progress, so far as can
be done, witnovt endangering the bal
lots or dIayic and retarding the work;
tllffJI'i, ill ieW uf I'int effort tlltit lilts
been mat e to defeat the recouut I do not
feel justif d in i embarrassing this com
111 i in its work by placing upon the
commit tie any Mron who is not favor
able to . fair, impartial and honest
count wit bout further delay and obstruc
tion. At r carefully considering the
matter from all standpoints, 1 haves
lee ted th following member at the
bona as sued committee: Dobsort,
lrds, Fnrow aud l.ooinis."
The reading wa followed by strong
outburst 4 if applause in the galleries and
among tin iiKHiibfin, showing that alt
approved til ts eekera action in the
Matter, j
f'l'IIK I.IKPTISVVr IIIIVMtNOH's
expfitnalion wns as follows:
"ItJ'two itM m.vduty lo appoint a com.
lultt to 'iuut the ballot vast on the
rontfltitHnal nmeudmeuta providing
lor iiiflr-ii' in toe numb ti supreme
iitilg4 wt he eh-ctloa held .Noveiiilsrr .'!,
as I rtuUl by the wt passed Mart-It 3 .",
1U?, .o. 'oinipiit.- t.i not with .i.niUr
r.un initios irntii Hit lion, appointed nl
ttir it m pjr 1 Ttint an Ameriean
filUm
hIjpii ilm'l t k Pnittm) In ileiMMit bin
ill I f In Hoi i and hive it ltiiailv
tiuut4. t mt only the spirit ol our
ennaiiifiKt m organs law ul the
aetxtaj but vit uU lt-lt In evry
patitotja ur state and nation. Any
tttiu4 in uiMiriifi thwart, retard or
hut.) r I ,.uit 01 baltole te unlnlul and
revotutai Mrt, ho matter by what agncy
or tratu jk hi I soarer, ual plave th ob-
uiHriit i suspirum, lit lair
mis l-d .,ol iiniror aad rettual
itHttv T "l of Nlralk will
drtaaad l thustimatittve a lair, buiiMit
M i.irHllti g tke
to the iatictiia of bun.
iMiiiHl, iiSua
i.ra, ill
est citizens who ask that the will and
wish of the citizen shall be recorded. It
is to be hoped that the work maybe
done without further hindrance, by men
whose sense of. duty is greater than
party fealty. I have selected Senators
Canaday, Bykes and Heapy as the com
mittee from the senate, to act under and
by provision of the law."
BOABD ADOPTS EULE8.
The following is the rules agreed upon
to govern the board in its canvass of the
ballots: '
I. All clerks or assistants selected
shall, before entering upon their work,
subscribe to an oath to support the con
stitution and faithfully and impartially
discharge their duties.
II. For the recording of the ballots
there shall be selected five clerks or as
sistants, from the different political par
ties. 1 wo of such clerks shall keep tally
sheets, two inspect, compare and count
the ballots, and one shall assist in open
ing and sealing the packages coataiuing
the ballots as they are counted.
III. The committee shall, as it may
deem advisable, divide the counting of
the ballots of the different counties
among different forces of clerks of assis
tants; but each force or set of assistants
shall be constituted as provided in rule
two.
IV. The count shall be conducted in a
public manner.
V. Representatives of the press shall
at all times be given free access to ob
serve and watch the counting of said
ballots subject to such restrictions and
relations as may be adopted by the com
mittee. V '
VI. No person or persons except the
committee and its clerks and assistants
chosen for that purpose shall be per
mitted to handle any of the said ballots
or packages containing the same.
VII. The packages containing the
ballots shall be opened publicly imme
diately before being counted and be
sealed up as soon as the count of such
package is completed, wnen tne count
of any one county is begun the same
shall be counted until all tbo ballots of
such county are completed.
VIII. As soon as the ballots 01 any
county are fully recounted, 'the result
thereof shall be announced and be given
to the press.
IX. ibis committee snail assist in
opening tne packages, comparing, in
specting and counting said ballots, and
sealing them ngain in such manner as
will best expedite the work.
X. Whenever any dimcumes arise re
garding the counting of any ballot, or
in any other matter, a majority of the
committee shall decide the question,
XI. The sergeant-at-arms or assist-
anta-ol the senate and bouse of represen
tatives are directed to maintain order
and quiet, to protect the ballots from
being handled by any unautberized per
son at all times, and to execute the or
ders and enforce the rules adopted by
this committee. , '
XIII. These rules and regulations
may be amended or changed from time
to time as in the judgment 01 tne com
mittee it may deem best.
XIII. Should there be a call of the
house and senate at the Same time, fur
ther count shall cease until one or the
other of the calls be raised, and the bal
lots shall be locked up and guarded by
the sergeant-at-arms.
CHARTER OF GREATER NEW YORK
Some of the Provisions of the New Char
ter of New Yotk City.
The legislature of the state of New
York has passed a new charter for the
city of New York which will unite Brook
lyn, Long Island and New York City into
one great city having a population of
over 3.000,000, and greater than any
other city in the world except London.
It has been estimated by those versed in
the increase of population, that in fifty
years the population of New York City
will exceed 20,000,000. The new char
ter will become operative January 1st,
1898. The first mayor, comptroller and
members of the upper and lower assem
bly's will be elected on the second of next
November. All other officers and heads
of departments are to be appointed by
the mayor. 1 be police department will
be governod by a board of four commis
sioners, and the fire, Jaw and correction
departments each by one commissioner
and the departments of education, pub
lic improvements, charities, health, docks
parks and buildings will be governed by
boards of three or more inembtr. all to
be appointed by the mayor.
In the matters ol legislation tno coun
cils or assembly cniu ot pass over the
veto ol the mayor except by a two
thirds vou, aud it the veto is of
a franchise or of an expenditure of
money, a five-sixths v itei umvasnry.
The authority and power given to the
mayor is greater than that of any other
ottlcerln the United Statu. Theappoint-
ineuts n( subordinates ttrw nearly a
great as those of the president of
tlio llte States, lis will Is the head
of this army of &0,tH) en live and will
direct the eipeudtlurwMl 175,imnMMmI
annually. Ilia salary wul - 1 1 .I.imiO
i-ryear. It will b tin ftlw in lh
i uited State prit ni-ttt" ihal olpree
idelll. Hlvvra's Iwin4lc lata.
1UVAX4, April I.-TIm l'ttbH
here are fveUit uhh hat diinat
over the capture .f tiiu ral lUtrra ant
til Impending fata. I rto hpaittth
oittovrs make bo iw-eiet i.( their ltrr
ttitnatUdi t fthiHit htm liuiuediatol v,
ttrU jfwlitir tliroturh the empty f.rnil
ity it a drttut htt eiairl -mar tiel
-
!! I ta I tMhr' Arm.
Hot hum, Tec, April I, A. J,
lUdiuaii an I bride, wlw re ittarrWvt
twe weeks erw at AulU, eounultied
uUi le thl Mi-.rnthif at their b.rdUijf
Iiouim. They were f.un I la la re. h
olr-e-r's enn. 1 hra la n sr-pareat
aue ft the saklda.
L
Qeorge L. Burr of Aurora Tells of
His Trip to the National
Capital.
DOINGS OF THE POPULISTS.
What May be Expected Prom the
Present Session of Con
gress t
Tom Reed's Bales.
My trip to Washington was without a
startling incident. I got to Omaha on
Sunday morning and caught the train
out in the afternoon and went to bed
before we got half way through Iowa,
When 1 awoke in the morning we were
passisg through Mendota, III., and the
beautiful country lying between that
city and Chicago is known to most of
your readers. At Chicago I took the
Pennsylvania line and came out through
Indiana, Pennsylvania and Maryland.
The ride through Indiana was in day
time, and it was a wonder to me to see
the little bites of fields they have cut
their land into, and to notice that the
corn was largely in the shock, unhusked.
They claim to have a wonderful crop of
corn, 75 to 100 bushels per acre, and yet
there are no cribs anywhere. They
only raise a few acres each, and have
stock enough to feed it mostly from the
shock. In Illinois both business men
and tenants complain bitterly and say
the landlord is getting more than bis
share, and in Indiana they tell me the
price of land bas fallen from f 20 to $40
per acre, and that times are harder than
ever before known. The surface of Indi
ana is very low and flat over this part of
the state, and the habit of chopping it
up into ten-acre fields with their rail
fences gives it the appearance of being
more thickly settled than it is. Around
Marion and for a few towns this side
there has been a discovery of natural
gas, which makes it the most prosperous
section I passed through. It bas bro't
to them some large glass manufacturing
plants and other industries of the kind,
and there seems to be more activity
there than elsewhere, though I was as
sured that none of the mills were run
ning more than half time or capacity,
even there.
The Ohio country is better land, but
the mining and manufacturing sections
are expenenceing greater discourage
ment than they have ever known before.
J passed through the flood territory at
Johnstown, where the country is wild
and the scenery picturesque. The tun
nel at the top of the Alleghany range is
over a half mile in length, and the horse-
shoe bend is almost worthy of the Rock
ies, although in general this range is
like pimples in comparison with Colora
do's mountains. All through the moun
tain coal mining region the country
looks as though the people were poor.
The same houses, built a hundred years
or more ago, with their narrow eaves,
twelve-light windows, and constructed
so long for the width of them, were some
what of a curiosity to me. ' Whitewash
is used for paint. There is but little
brick in the mountain section and many
of the old bouses in that region have
never even been whitewashed.
In Pennsylvania 1 found great excite
ment over an investigation that was be-;
ing made into their state affairs by a
Methodist minister, who is digging up
evidence to show that the state manage
ment in V ennsy Ivania is worse than that
of any other state in the union. The
minister is a leading republican himself
and is thus able to get a hearing. They
say the condition is terrible.
In Maryland the scenery is lovely but
the soil is poor at least it looked so to
me. The Creator never did for this part
of the country what he did for Nebraska.
I he country is somewhat southern in
appearance as soon as yeu rench Mary
land, and although the snow was on the
ground in Pennsylvania, the season is
further advanced here than in ludiaua,
where the grass is green and the (mople
were plowing. The description of the
city 1 will reserve for some future letter.
I had no trouble In Hading everybody,
and Sutherland, Stark, Mr. Polheums,
and myself are very pleasantly located
at .I-'' la ware Avenue-In same
place where Senator Allen, family, and
his secretary, II r. .Mott. are stonping
Mrs. Allen is here, but is in tending to re
turn tne nrst 01 April.
Pi-Congressman liainer Is quit ill
Ilia suceeasor bas been tip to call on bun
lain-, but has been unubU to sea him
either time.
1 he bouse U under absolute r.mtrul of
SitiT Itwd and coHimiiteee svlected
by Mm. Yon will noticw in accepting the
sf akerhip Mr, Peed was very eurulul
to priimiM' taint in a t)iilir maimer.
Ileaaid, "I ! hoiw. with jrmir kiMia
eiance, and kinder ftrtwranet, ti w
miitintt-r iusti'w id adittiiitr hulk to
v. eai li liiiiiber, and tu bold i( (h
eltamlwr, under 1 1 rule uhlihi, by
the biuM f re;tfeepitttiv, withuat
far, lavr, or l'iiiw if reward," fl
himwif prepared the rut, aad of court
it U lmtwtile ttl adiutatler )itn. tin,
tier them, II appoint ail puninit t.-ee,
and bam-e what men the mitiortiy
lla the majority ehall have utn
them, When ihy rel, he wll ret-og
liUe B rtiugreMitiait as having the Bthif
to ept-ait eievpt a mmtbrr l the fn
rnitlvor some man tu whom that ira
br may ys.ll !! wemiaj the p r
a haveetiarue, attentate rHarge, t b.Mh
ide of the debate ta a poaerlul a J tan
IsneiUt prat tu ally a large part
l the opptttitltia, lie has, a Jet
sained but three of th comuiiMeea aad
VVASHINGTON
ETTER
the repreaeatativee of the people cannot
advance any legislation until they dis
pose of this which the speaker and presi
dent have said must be done first. The
committee on rules have presented a
report that practically disposes of ths
tariff bill so far as the house is concerned,
They are to consider it for four days,
until eleven o'clock p. m. of each day, in
general debate, so called. It is then to
be considered by sections tor five days
at the rate of thirty or forty pages a
day and on March 31st it is to come to
a vote by operation of the previous
question. They caunot hope to get half
through the reading by sections, where
the changes must be made. Whether
thsy have considered the last half of
the bill or not they must vote upon It
at the time fixed by Mr. Kced a commit
tee. This will not hurry matters up,
however, as the senate refuses to be
gagged and the effort to establish the
same kind of committee rule there bas
failed. In-fact it is very unpopular in
the house. The result of the standing
vote counted by tellers, was a majority
ol one against the Heed rules, but be
lore the vote was announced a call was
made for the yeas and nays and the
republicans that were opposed to the
rules did not dare to bave their votes
put on record, In this way they were
fastened ol the house. A number of ths
members are toadying to the speaker
in the hope of getting a committeeship
where they can hope to get something
for their constituents and they will dare
to say that their souls personally belong
to themselves as soon as their commit
tees are named.
We have taken one outing and went
by steamer to Alexandria, a distance of
about five miles, where we saw the bouse
in which Ellsworth was shot and the
beautiful monument to the confederate
dead, also the church where Washington
attended during bis life, the bricks of
which were imported from England, and
the old churchyard where the pioneers of
Virginia who died more than one-hundred
years ' ago are sleeping. It is a
quaint old place of historic interest. In
the evening we went to McKinley's
church and heard his minister, the Rev.
Kent Johnson, bold forth. The music
was grand and the building magnificent,
but any minister of Aurora preaches a
better and more thoughtful sermon than
the president's preacher did the time we
beard him. The city is fully as large as
we expected to find it. About one-third
of the population is colored. The Pota
raaoat this point is larger than the
Missouri or Mississippi and there are
ocean steamers anchored here, although
it is a hundred miles or more to the
ocean by following the course of the
river. Ouess this is plenty for the time
being. My readers may think this is a
little late in coming around, but when I
register a slight kick that none of our
papers have as yet put me on the list,
and that the Aurora Sun is the only
paper I have seen from the fourth dis
trict of Nebraska, they will wonder that
I wrote as soon as I did. .
Geo. Bvrb.
TO INVESTIGATE STATE OFFICES.
The Committee Will Begin Its Work
Immediately After Adjournment.
The committee appointed by the
speaker, Messrs. Zimmerman, Wheeler
and Moran, to investigate the condition
and transactions of the state offices and
officers has not yet fully organized, but
it is understood that it will begin its
work as soon as the legislature adjourns,
and proceed in a systematic and thor
ough manner to go through the records
in all of the state offices for ten years
back. An investigation further than
that would be of no value, for bonds of
state officers outlaw in that time.
Should the committee find any shortages
it is believed that where recovery cau be
had suit for that purpose ill be com
menced by the attorney-general upon
the recommendation of the committee.
The bill under which the committee
was appointed does not provide for the
investigation of the various state insti
tutions, but owing to the fact that all
vouchers are drawn and payments made
and approved by the state officers, it
will practically result in an investiga
tion of all of the expenditures of state
during the last, teu yaws. The commit
tee is regarded as particularly well chosen
and some interesting developments may
bo exiiected when it gets to work.
RIVERA'S SUCCESSOR.
Oea. Saogutlty Will lUtura to Cuba
Take Command ta the Waal.
Kiw Yoiik, April I. Gen. Julio
rianguily, hero of the ten years' war
In Cuba, a military ta tleiau of ac
knowledged ability, the peer of (iomei
aa a general and of Macro as a fighter,
la to uccei'. lieu. Ulu lUverft as the
I commander of the army of the went
tie nor el Sanguilly W thw Cuban pa
triot who served twu yar in jail,
charged ih tho erbua of retell ton,
lln It a 1 aturauAvl Aiuerleau t-ltiien,
and waa it-lna-wit through the gt4
it!Uws of thl govt rnui. nt in tVbruary
NEELY IN CONTROL,
the .aeaft i.r4 (!
tlaed la tvrr Shert UMer.
T.aavkXwuKtH, Kan,, April t
( haries & l.tiMttii . tana t-outity, at
uttin to-day Umm4 the deal with Mr.
huraU It l ynch, pw)lmattr, ( r her
t tu- half latervtt In the Kveatng Mend
ftfvt. and a few nttauUs later U vat
to fated Hate Marshal a Neely,
ht already I a t.n Uth later
t Thla fiv fir, .Nvelr a ewalrUmg
Inter t. arl herwaftee ha will direst
tne poliey ,.f the Meadard, w HUh wtll
rente ia IWattagralba.
Hlpa Tabttleai for evar etenuuuk
ANTI-TRUST DECISION
Forbids all Pooling Between Hail
t roads In Begard to
Bates. ,
WRITTEN BY MB. PE0KHAM.
The Language Very Plain, Uphold
ing the Bights of the
People,"
The Language of the Court.
In the case of the United States against
the trans-Missouri freight association,
the court found in favor ol the United
States and sustained the anti-trust law.
The court stood five for the law and four
against, the same as it stood on the first
decision in regard to the income tax law,
The members of the court upholding the
law were unlet justice fuller, democrat,
Illinois; Justices Brewer, republican,
Kansas; Harlan republican, Kentucky;
Hrown, republican, Michigan; Peckbara.
democrat. New York. Those in favor of
the contention of the railroads, Justices
t icid, democrat, Colorado: urav. renub
lican, Massachusetts; Shiras, republican,
rennsyivania; white, democrat, ioulsi
ana.
Those who voted to uphold the income
tax were Marian, Hrown. White and
Shiras the first time but who atterwards
changed and voted against the law
Justice Peckbara was not a member of
the court at the time of the income tax
decision.
In the railroad case there were two
points to be decided, whether the act ap
plied to common carriers by railroad
and if so did the agreement of the freight
association violate the law as contained
in the act.
The onioion of the court aa written he
Justice Peckbara says:
J. he language of the act includes
every contract combination in the form
of trust or otherwise, or conspiracy in
restraint of trade or commerce, among
the several states or with foreign nations.
"Unless it can be said that an agree
ment, no matter what its terms, relating
only to transportation, cannot restrain
trade. or commerce, we see no escape
from the conclusion that the agreement
is condemned iy this act.
"It cannot be denied that those who
are engaged in the transportation of
persons or property from one state to
another are engaged in interstate com
merce, and It would seem to follow that
if such persons enter into agreements
between themselves in regard to the
compensation to be secured from, the
owners of the articles transported, such
agreement would at ledfct relate to the
business of commerce and might more
or less restrain it.
"We bave held that the trust act did
not apply to a company engaged in one
state in the refining of sugar uuder the
circumstances detailed in ths case of the
United States vs. E. C. Knigbtcompany,
because the refining of sugar under
those circumstances bore no distinct re
lation to commerce between the states
or with foreign nations. To exclude
agreements as to rates by competing
railroads for the transportation of ar
ticles of commerce between the United
States would leave little for the act to'
take effect upon.
I he interstate commerce act does not.
in our opinion, authorize an agreement
of this nature. It may not in terms pro
hibit, but it is far from conferring either
directly or by implication any author
ity to make it. If the agreement be legal,
it does not owe its validity to any pro
vision of the commerce act, and if illegal
it is not made so by that act.
"The general nature of a contract like
the one before us is not mentioned in or
or provided for by the act.
'Une of the contentions was that con
gress, in tne passage 01 the anti trust
act, had intended to direct against com
bination and conspiracy such as the
Jteef Trust, Mie Standard Oil Trust, the
Steel trust, Ac, and these trusts, it was
stated, had assumed an importance and
nau acquired a power which was danger
ous to the whole country, and that their
existeuns was directly antagonistic to
its peace and prosperity.
1 It is true that many and various
trusts were in existence at the time of
the passage of the act, and it was prob
ably thought to cover them by the pro
visions of ths act. Many of them bad
rendered themselves offensive by the
manlier in whleh they ereiseU the great
power that combined capital gave them.
' liut further Investigation of the his
tory of the times' shows also that tin.,
trusts were not the only asmtelatiou
controlling a great combination of rait-
ilal which bad caused eompluint at the
mnunt r In hib their buaineee a a eon
dueled. There rn many and loud
romplainta from some portion ol the
puhlte regarding the railroad and the
I'rsfe thvy were charging for the efrrke
Ihvy rendered, aud tl waa aliened that
the priee lor the frattspurtatttHt of
I rtiti4 and artifice t'f rtiiunwrt' were
unduly and tinproiKrlr rnhaic-ed by
ctitiihiMniitinetta-taera thadinVreat road.
"A rh reneetn lb e history dtbe tiuwa
tlix-e tmt, as we tlnak, furnish u with
any strong rtot for believing that t
was waly trusts that were lit the n;ittd
of the iitDiutwra td eoarMi, and that
rwiiroade and thttr testn-r t-til-mtg
tiui'itoM Mt wholly eteludml tberWrttin,
"Thl y fact ol the nul liu charat trr
t( the ratlmad would H II ani to cm'I
fur et-eelal rare kv the rgi.ture ta re
gard ttt tttla fttaduet, ao teat it bit
lu-ea ehoaM be earrwd it a wiib as math
rrrvaee tu the proper aad lair laWrvela
I the paliiw a NbU,
Wkrshoaid at a railroad compary
te inclnttvtl in g-avral U gitUtioa a toed
at tho pre ven tion of th at kind of agi ee
mentmadein restraint of trade which
may exist in all companies, which is sub
stantially of the same nature wherever
found and which tends much towards
the same results, whether put inpractice
by a trading aad manufacturing or by a
railroad company?
"It is true the results of trust or com
binations of that nature may be differ
ent in different kinds of corporations,
and yet they all have as essential simi
larity and have been induced by motives
of individual or corporate aggrandise
ment as against the public interest.
"In business or trading combinations
they may even temporarily, or perhaps
permanently, reduce the price of the arti
cle traded in or manufactured by re
ducing the expense inseparable' from the
rnnnig ol many different companies for
the same purpose. Trade or commerce
under these circumstances may never
the less be badly restrained by drivinxV
ontof business th small dealers and
worthy men whose lives bave been spent
therein, and who might be unable to re
adjust themselves to their altered sur
roundings. 4
"Mere-reduction in the price of the
commodity dealt in might be dearly
paid for by the ruin of such a class and
the absorption of control over one com
modity by an all-powerful combination
of capital. In any great and extended
change in the manner or method ot doing
business it seems to be an inevitable ne
cessity that distress and personal ruin,
shall be its accompaniment in regard to
some of those who were engaged in the '
old methods.
"A change from stage coach and cansl
boats to railroads threw at once a large
number of men out of employment:
changes from hand labor to that of ma
chinery, and from operating machinery v
by hand to ths application of steam for ""
such pnrposes leave behind them for the
time a number of men who must seek
other avenues of livelihood. These are
the misfortunes which , seem to be the
necessary accompaniment of all ereat
industrial changes. .
"It takes time to effect a readjustment
of industrial life so that those who are
thrown oat of their sole employment by ,
reason of such changes as we have spoken
of may find opportunities for labor in
other departments than those to which
they bave become accustomed. It Is a
misfortune, but in such cases it seems to
be the inevitable accompaniment of
change and improvement. '
"It is wholly different, however, when
such changes are effected by combina
tions of capital, whose purpose in com
bining is 1 control the production or
manufacture of any particular article iu
ths market, and by each control dictate
the price at which the article shall be
sold, the effect being to drive out of bus
iness all the small dealers in the commo- ,
dity ajid to render the public subject to
the decision of the combination as to
what price snail be paid for the article
"In this light it is not materia) that
the price of an article may be lowered.
It is in the power of the combination to
raise it, and the result in any event Is
unfortunate for the country by depriv
ing it of the services of a lanre number
of small but independent dealers who
were familiar with the business, and who
had spent their lives in it. and who sup
ported themselves and their families
from the small profits realized therein.
" Whether they be able to And other
avenues to earn their livelihood is not
so material, because it is not for the
real prosperity of any country that such
t... .1.1 .... 1
than ites should occur which result in
transforming an important business
man, the head of his establishment, small
though it may be, into a mere servant
or agent of a corporation for selling the
commodities w h icli he once manufac
tured or deait- in, having no voice in
shaping the business policy of the com-
pany and bound to obey orders issued
by others.
"Nor is it for the substantial Interests
of the country that any one commodity
should be within the sole power and sub
jecttotbe sole will of .the combination
01 capital.
"Congress has, so far es its jurisdic
tion extends, prohibited all contracts or
combinations in the form of trusts en
tered into for the purpose of restraining
trade and commerce. The results flow
ing from a contractor combination in
restraint of trade or commerce, whoa
entered into by a manufacturing or
trading company such as above stated,
while differing somewhat from those
which may follow a contract to keep up
transportation ratea by railroads, are
nevertbe lees ol the same nature and
kind, and the contracts' themaelvee do
not so far differ in their nature that
they may not all be treated alike and be
condemned in common.
"It is entirely appropropriate g.
erally to subject corporation or persona
engaged in tradiugor manufacturing to
different rules from those applicable to
railronda in their transmutation busi
ness, but when the evil to be remedied is
similar lu both kinds of corporation,
m tt aa contracts which are unquestion
ably iu reetraint of trade. sea no
reason why similar rulea should not be
promulgated in regard to both and both
b v vrn In the same statute bv gu.
enil iaagunaeeulttt leatty broad to ta
flude tliem both."
"We think, alter a rarM examina
tion, that the statute trovers and ftaa
iuiu.w. to rover rommou earner by
railroad,"
"We rwtignlie the aiganieal mh (he
part of the dsleadaute, thai rvtraiHt
tipoe the tusiaMa ul ralrada will at
b prejudicial tilths .ii,t!a tatrt e
long ee eatb rvetraiut provide ft
rttnabl rales fur tranvprntalu,
tad prevat th tb-ed'r rniti una so
" Hi t result im the rata ol the rttada,
and t thereby iuq-a-r iMr -ruiaaa
ta the peMie aad U that aay la pre) a
ds the petilie interval,
'lul it tnuat be reaiea.br! that
ICwattseetJ oa ed psge.J
1 ji
