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The Commoner.
VOLUME 11, NUMBBR'25
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Edgar S. Cooke of Cincinnati,
formerly local treasurer of the Big
Four railway, was acquitted on the
charge of embezzling $24,000.
Gonoral Harrison Gray Otis, editor
of tho Los Angeles Times made a
bitter attack on Thoodoro Roosevelt
because of Roosevelt's references to
tho dynamiting of tho Times build
ing. Gonoral Otis concluded his at
tack in those words:
"If Theodore Roosovolt had been
a contomporary of Ananias, Baron
Munchausen and Mondez Pinto, those
illustrious romancers would have
boon distanced and would have lost
their notoriety. Tho many colored
coat of Josoph was uniform and
somber compared with tho coloring
of tho Roosevelt political robe. Of
all tho Janus-faced, chamoleon-hued,
upright and down-right fabricators
that over tried the patlonco of friends
and invited tho criticism of foes,
horo, certainly, is tho limit. Tho
name 'facc-both-ways' Is inadequate.
"It will bo remembered that ho do
clared solemnly in tho east that he
had nothing to do with bringing
about tho independence of Panama,
and when he struck tho Pacific coast
he averrod that he and ho alone pro
cured tho independence of Panama.
"Ho paused in Arizona long
enough to denounce tho recall of
judges and when ho reached Cali
fornia ho claimed that tho recall
was tho most desirable of all the
reform measures.
"His latest position on tho union
labor question, as announced in tho
last issue of tho Outlook, is that of
unconditional and abject submission
to theso monopolies. He sits at tho
feet of Gompers, casts adoring
glances at him and kowtows to the
'labor vote,' which Is a delusion, a
sham and a bogle man, which no
bravo man need fear.
"Colonel Roosevelt, disappointed
politician and virtuous vaulter, is
steadily revising and reversing him
self downward."
Suit has been filed at Blkins, W.
Va., by Prosecuting Attorney H. G.
Kump against tho estate of the lato
Senator S. T3. Elkins and his execu
tors for $1,087,097.90, claimed to be
duo for taxes and interest on prop
erty alleged not to 'have been listed
for taxation.
Tho merger of tho Southern Iron
and Steel company and the Alabama
Consolidated Coal & Iron company
was completed in New York. The
now company will have an authorized
capital stock of $27,000,000.
James Proctor Knott died at his
homo in Kontucky. He became fa
mous in a speech delivered in tho
national house of representatives in
1871 relating to the city of Duluth,
Minn.
An organized effort over the world
is being made to avail upon the
Canadian authorities" not to hang a'
woman now under sentence of death
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OUT
OUT
TIIE
nnd MAIL TODAY
Name
P. O.
in Ontario. An Ashtabula, O., dis
patch, carried by tho United Press,
says: "If for any reason S. B. Whit
ney of Clinton, 111., should be pre
vented from carrying out his offer
to bo hanged in place of Mrs. Ange
lina Neapolitano, of Salt Ste. Marie,
Ont., who is under death sentence
for tho murder of her husband, Dr.
Alexander Aalto, of this city, an
nounced that ho will offer himself
as a substitute. Aalto, who is a
middle aged bachelor, had taken up
the fight hero to secure a commuta
tion for Mrs. Neapolitano, who will
shortly " ecomo a' mother, and de
clares that, if necessary, there is no
reason why he should not go to the
gallows in her place."
King George V. of Hanover, was
formally crowned king June 22.
G. W. Dorsey, formerly a member
of congress from Nebraska, died at
Salt Lake City.
Governor Marshall of Indiana de
livered tho commencement day ora
tion at the University of Pennsylvania.
Ferdinand Edmund Duez, receiver
for tho dissolved religious congrega
tions of France, was convicted by a
jury of embezzling $1,200,000.
Tho American surgical association
will hold the annual convention next
year at Montreal. Dr. A. G. Gerster
of Columbia university, New York,
was elected president.
An international federation of iron
and steel workers planned on the
lines of the American Steel and Iron
institute, will be advocated by E. H.
Gary, chairman of the United States
Steel corporation, at tho coming in
ternational steel conference to be
opened fn Brussels on July 5.
Robert A. Batty, a prominent
democratic lawyer at Hastings, Neb.,
is dead.
After a tenure of office of some
thing over three months the Monis
cabinet in France is to resign.
Lee O'Neill Browne, the "Lorimer
democrat," now a member of the
Illinois legislature, assaulted Ed
Phillips, a reporter for the Chicago
Tribune at Springfield. Phillips was
badly hurt and required the services
of a physician.
Corporations have won another
great victory in the federal courts.
The merger of the Southern Pacific
and Union Pacific railroads has been
declared to be legal by the United
btates circuit court sitting at St.
Louis. The Associated Press report
of the opinion says:
"The government's suit in equity
against the Southern Pacific Rail
road company to enjoin the con
tinued control of the former by the
latter was filed in Salt Lake City
February 2, 1908.
"The bill charged conspiracy and
tho formation of a combination in
violation of the Sherman anti-trust
act, passed by congress to protect
trade and commerce against unlaw
ful monopolies.
"The defendants named in the case
were the Union Pacific, the Oregon
Short Line, and Southern Pacific, the
Oregon Railroad and Navigation
company, the San Pedro, Los Angeles
& Salt Lake company, the Atchison,
Topeka & Santa Fe, the Northern
Pacific, tho Great Northern Railway,
the Farmers' Loan and Trust com
pany, Edward H. Harriman, Jacob
H. Schiff, Otto H. Kahn, James Still
man, Henry H. Rogers, Henry C.
Frick and William A. Clark.
"Tho government's petition was
signed by Attorney General Bona
parte and his special assistants. It
sets forth in detail the agreements
by which the defendants at times
since 1901 were alleged to havo se
cured for themselves and others tho
management and control of tho
various defendant roads, their
branches and steamship lines and to
have ever since operated them in re
straint of commerce.
"Since the suit was filed Mr. Har
riman and Mr. Rogers hae died,
Judge R. S. Lovett, successor of 'Mr.
Harriman in the railroad system,
was by stipulation made a defen
dant. Attorney General Bonaparte
and Assistant Attorney General
Purdy retired from office while the
suit was pending. Hearings were
held in many cities of the country.
"Arguments were made in tho case
before Judges Sanborn, Hook, Adams
and Vandevanter, now a member of
the United States supreme court,
October 15, 1910, in St. Paul. C. A.
Severance and Frank B. Kellogg
argued for the government, Judge
P. F. Dunne of California spoke for
the Southern Pacific, former Senator
John C. Spooner appeared for Henry
C. Frick, N. H. Loomis of Omaha
for the Union Pacific, and David T.
Watson, of Pittsburg, submitted a
special brief and argued for all of
the defendants. The judges of the
Eighth judical circuit of the United
States circuit court had the case
under advisement since the argu
ments. "The suit was tried in the circuit
court under the expedition of con
gress. An appeal will be made
directly to the United States supreme
court.
"Judge Hook, in his dissenting
opinion refers to tho government's
complaint of unlawful contract in
restraint of trade between the South
ern and Union Pacific railroad, thus
destroying suppressing competition.
He says the combination was effected
by the purchase by the Union Pacific
of part of the stock of the Southern
Pacific road. Judge Hook says there
is no substantial difference between
the holding of the corporate stocks
of two companies by a third, such
as was condemned in the Northern
Securities case, and the holding by
one of those two in the stock of
another. He said:
" 'It would be idle to hold that
while two competing railroad com
panies cannot lawfully submit to a
common control through a separate
stockholding organization, they may
do so by dispensing with that me
dium. That would be regarding
shadows and letting the substance
go. The language of the Sherman
act in this particular is broad.'
"Judge Hook coincides with the
majority of the court in regard to
the point ownership of the Los
Angeles and San Pedro road.
"Judge Hook holds that the ques
tion as to whether the Union Pacific
and the Southern Pacific roads were
competitors, which tho majority
opinion held to be against the gov
ernment, was a question of fact to
be decided by the testimony of many
expert witnesses and these witnesses
Judge Hook holds, gave conclusive
testimony that 'there was active,
vigorous and substantial competition.'
The dissenting opinion says the
decision of the court was on two
main grounds:
"Fist That, the combination of
competitive traffic of the two systems
was not a substantial percentage of
the total traffic; and,
"Second-That trade was not re
strained by the combination because
the Union Pacific was an inter
mediate through route, and dopended
for competitive traffic on connecting
carriers which, unaided could not
make a through Joint rate.
" 'This decision so greatly narrows
the act of congress that very little
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