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The Commoner
7
APRIL 6i90$
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claimed that on December 29, the federal court
at Philadelphia issued a subpoena commanding
Mr. Rockefeller to appear and testify April 2,
1906, in a suit brought by an oil firm in Lyons
and Paris, France, in 1889. The. suit has been
.dragging through the federal court at Philadelphia
for. seventeen years. It was recently revived and
for tho last three months federal-officers have
been trying to obtain service on Rockefeller;
REFERRING TO -THE suit in the federal court
at Philadelphia, W. M, Newlln, attorney for
tho plaintiff, says: "Fenaille & Despeaux bought
crude oil in this country and had it shipped to
Communipaw, N. X, whence they .carried It In
their own ships to France to be refined. All
their oil was shipped to Communipaw via tho
Pennsylvania railroad. This suit was brought in
a strength of an agreement between the Penn
sylvania railroad and "a Standard Oil company,
operated by Daniel O'Day, by which this oil trust
was to receive not only a rebate of 20 cents a
barrel on its freight, but was to receive 20 cents
for every barrel shipped over tho Pennsylvania
by Fenaille & Despeaux, this to be taken out of
the .freight paid by the Fronch firm. This writ
ten agreement was signed by A. J. Cassatt as
third vice-president, and was directed by Robert
-W-C Downing, "who was then controller. Mr
Cassett .admitted on oath the existence of this
paper. Daniel O'Day, whp on oath, admitted that
his firm got 20 cents a barrel rebate. Rocke
feller's testimony is considere'd Indispensable to
the success of the Fenaille and Xtespeaux suit,
and' for this reason the trial will have to go over
until he can bo served with a subpoena."
THE1 WASHINGTON correspondent for the
Milwaukee Sentinel says: JThere is a
decided flurry in the camps of both republican
and democratic party organizations as a result
of the stand taken by the representatives of the
Jabor organizations relative to the coming con
gressional campaign. It was announced today
that at a meeting of the labor leaders it was
decided that,, the pronunciamento issued a few
days ago, and which: was the subject of calls
by the labor men upon President Roosevelt and
Speaker Cannon of the house, shall be followed,
by the labpr organizations entering the campaign
early to the extent of submitting to party can
didates queries touching the standing of &Uch can
didates upon questions in which organized labor
is interested. Just what steps the labor leaders
intend taking subsequent to the responses of the
candidates is not made clear, but it is assumed
that the plan is to attempt to divert the votes
of members of organized labor associations for
or against candidates according to the responses
to the queries."
WASHINGTON DISPATCHES say that Mr.
Roosevelt and other republicans have
agreed upon an amendment to the railroad bill,
which they believe will settle the contest. The
Roosevelt amendme'nt follows: "That all orders
of the commission except orders for the payment
of money, shall take effect within such reason-,
able time as shall "be prescribed by the commis
sion and shall continue for such period or time,
not exceeding two years, as shall be prescribed
Sri the order of the commission unless sooner
set aside by the commission or suspended or set
aside in vl suit brought against the commission
in the circuit court of the United States, sitting
as a court of equity for the district wherein any
carrier plaintiff in said suit has its principal
operating office and jurisdiction is hereby con
ferred on the circuit courts of the tJnited States
to hear and determine in any such suit whether
the order complained of was beyond the authority
of the commission, or In violation of the Tighta
of the carrier, secured J)y the constitution.''
IT SEEMS, HOWEVER, that all senators favor
ing rate legislation do not take kindly to the
Roosevelt amendment An Associated Press dis
patch says: "Senator Tillman, who has charge
of the railroad rate bill in the senate, said tonight
that he was not satisfied with the court review
amendment to the measure which was agreed on
yesterday at a conference between President
Roosevelt, several republican senators and mem
bers of the interstate commerce commission. The
senator said he would oppose it on the floor of
the. senate and he expressed the opinion that
Sot a half dozen of his democratic colleagues
would support tho amendment. Senator Tillman
declares the . amendment does not meet, the 6it
Sat ion fully, inasmuch as it makes no provision
setting forth specifically that there shall be no
suspension of tho railway rate fixed by tho inter
state commerce commission pending the judicial
determination of any case which may bo appealed
from the rate as established. This is a contention
which Senator Tillman and a numDor of the demo
cratic senators have urged, as they arguo that a
failure to provide absolutely against a suspension
of the rate, operates to nullify the object for
which the legislation is desired. The senator
added that he would prefer to voter for tho house
bill ub it stood than to accept tho amendmont
for the pending measure without tho right to
review where constitutional questions are in
volved," IN ITS ISSUE of February 16, The Commoner
printed tho following editorial: "Inquiry hus
disclosed the fact that of government funds dis
tributed among the banks tho City National
Bank of New York has on deposit something
more than $8,000,000. The Vigo County National
Bank at Terre Haute, Indiana, has on deposit
something more than $16,000,000. The total de
posits of government money' amount in tho
neighborhood of $65,000,000. Of that sum two
banks have $24,000,000, or more than one-third
of the entire deposits. This is only one of the
many- mysteries at the national capital." This in
formation was obtained from Washington reports
printed in a number of eastern newspapers, but
The Commoner now learns that the statement
was not correct. It is true that there are now
about $65,000,000 on deposit, but these deposits
are distributed in 839 hanks. The National City
Bank of New York holds nearly $8,000,000, of
these deposits, which, Is more than is held by
any other bank. Tho report depended upon by
The Commoner grew out of what was evidently
a misunderstanding on the part of Washington
correspondents. Tho senate passed a resolution
asking how much money had been deposited in
each -national hank during a long term of years.
In the report responsive to that request it was
shown that the Vigo County .National Bank of
Terre Haute Indiana, had received within tho
period $16,000,000. Friends of Secretary of tho
' Treasury Shaw say that tho Vigo bank's maximum
holdings were $200,000. Mr, Shaw's friends fur
ther say that when he wont into office there
were $112,500,000 on deposit' in 465, depositories,
and that at that time th National City Bank of
New York held $15,000,000. They say that Sec
retary Shaw has reduced this sum to less than
$8,000,000.
WRITING TO THE "New York Evening Post,
Ryerson W. Jennings of Philadelphia,
says; "While the whole civilized world stands
aghast, and looks with horror, upon tho massacre
in 'the Philippines, where 'the brilliant feat of
arms: so. well upheld the honor of the American
flag it would be well to name the word that
has caused this and all the other wars, that we
as. a nation, are suffering from, Commercialism.
Dewey's guns had hardly cooled off in Manila
Bay, when this telegram was forwarded: ' Dewey,
Manila: Report at once the resources of the
islands' as to coal and iron, etc. Hanna.' The
answer must have been satisfactory for we com
meaced 'benevolent assimilation' at once. Com
mercialism is responsible for the pitiful condi
tion, of child-labor, for tenement-house misery,
for the debauchery of the ballot, for the crimes
of Standard Oil, for the decadence of the United
States senate, and lastly for the greatest crime
of all, the destruction of a party that proddced a
Lincoln, for the party Is destroyed, even if its
so-called leaders are not aware of It,"
DAVID B. HILL, former governor of few York
and United States senator from that state,
is said to be seriously 111. A Campden, South
Carolina, dispatch to the New York World says:
"Mr. Hill has practically given up his business,
and in accordance with instructions from his
physician is devoting his entire time to. trying to
recover his health.- While not confined to his
room his condition is such as to alarm some of
his friends. When Judge Parker and Judge
O'Brien were here the other day they found the
democratic chieftian In anything but robust
health. They spent the day with him. Other
friends who have visited Campden since Mr. Hill
came here two months ago 'to spend a few weeks'
have been impressed with the fact that he is.
showing the effect of the., grip from which he
suffered before he came south. He sits outside
the hotel on fine days and apparently Is not
interested In anything beyond his struggle to re
gain his vitality. He has undertaken no business
of any kind. Soveral attaches of his law firm
have been here to seo him, but have not taken
tip any business with 4ilm. One of them was
here last week and found tho senator far from
well. Mr, Hill has not made any plans for re
turning north, Ho will not go until warm
weathor, and his friends do not expect him to
take up- his business for several months, if at all."
RECENTLY THE Now York World said edi
torially: "Mr. Corntllus N. Bliss, tho
treasurer of the republican national committee,
who received tho insurance campaign contribu
tions, has called upon District Attornoy Jerome.
It will now bo in accord with Mr. Jerome's past
conduct for him to certify that ho has found evi
dences of 'moral obliquity but nothing on which
to bring in indictments Within three days after
that editorial appeared in tho World District At
tornby Jerome announced that he was unable to
find any law making tho contribution of tho funds
of a corporation to a political party for campaign
purposes a crime, In his statement Mr. Jerome
said: "The fundamental Idea in the English com
mon law of crime was that there could be no
crime without the evil intent." Ho cites a large
number of authorities and continues: "From the
above cases and similar ones, which could bo
cited very numerously, it appears that in tho law
of larceny criminal intent, or, as It is usually
called, felonious intent, is something necessarily
present or there is not crime oven if the net done
is prohibited by law and tho doer is sane. Now,
In the presentment In question the act or acts
supposed in the first four hypothetical state
ments to have been done are not In themselves
prohibited by law. There is no 'legal prohibition
against giving to a political party. If these acta
are Criminal they must bo so because the prop
erty was the property, of a corporation. All our
crimes today are statutory, and uniess the cases
supposed constitute larceny, I am unaware of any
statute making such acts a crime."
AFTER A CHASE OF two months Henry M.
Tilford; one of tho Standard Oil officials
wanted as a witness by the state of Missouri,
was caught l)y a process server March 20 at
Fifth avenue and Fifty-second street, New York.
The New York World says that the process
server, M. E. Palmedo, was painfully hurt while
discharging Ills duty. Tilford emerged from his
office building atfd entered an automobile. The
process server called to him, but Tilford jumped
inside and slammed the door. The window be
ing open the process server reached In to de
liver the subpoena. The World's report says:
"Mr. Tilford seized the strap that raises the
window, pulled hard and caught Paledo's arm at
the wrist. The chauffeur started the machine
With a full speed jerk and the process .server
was dragged helplessly along. But the subpoena
and the money were in the millionaire's lap.
Palmedo yelled with pain as he was dragged
along, and after a few yards Mr. Tilford loosened
the window, the process server falling into a
snow-drift. The automobile shot down Ffth ave
nue. One block away it stopped by order of Its
owner. The chauffeur jumped down, opened the
door and was Interrogated. Picking himself up
tho process server ran to tho automobile again,
his left arm almost useless from bruises and
strained muscles. Appearing at the door he said:
'So there may be no question of legality of ser
vice, Mr. Tilford, 1 now show you the original
subpoena of which I already have given you a
copy The Standard OH official scowled in rage:
'Go away; go away from hero ho shouted. Then
he drove swiftly away." Parenthetically it may
be observed that Mr. Tilf6rd was one of tho
"defenders of national honor" and one of those
highly moral men who spent his money freely In
1890 to save the country from wicked democrats.
A LETTER WRITTEN by the late John A.
McCall the day before his death, and ad
dressed to Alexander E. Orr, president of the
New York Life Insurance company, 1ms been
made public. . Mr. McCall says that Alexander'
Hamilton was employed by him to attend es
pecially to matters of taxation and legislation;
tliat Hamilton refused to accept the task unless
it was made confidential and secret, and that
no accounting of moneys advanced to him should
be asked of him. McCall said that he assented
to this proposition, and that in employing Ham
ilton he believed that he was acting for the best
interests of .the company and the policyholders.
Hamilton has refused an invitation to appear
before jthe investigating, committee appointed by
the directors of the New York Life.
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