F
'HK XOHKOUv WKKKIV NHNVS-tlOUHtfAti , Mi ( DAY , DKOKMJUW 8 , 1011.
K'oiitliiiKHl from page 5. )
merely adopted the tests of the com
mon law mill In defining exceptions to
the literal application of the statute
only substituted for the test of being
Incidental or Indirect that of being
reasonable , and this without varying
In the slightest the actual Hcopc and
effect of the statute. In other words ,
nil the rimes under the statute which
have now been decided would liavo
been decided the HUIIIO way If the
court had originally accepted In Its
construction the rule at common law.
'it IIMH been mild that the court by In
troducing Into the construction of the
Htatule common law dlHtlncllotiH has
miasctilnlod It Thin Is obviously un
true. By Its Judgment every contract
and comblnntlon In restraint of Inter
Htate Irnde made with the purpose or
necessary effort of controlling prices
by stilling competition or of establish
ing In whole or In part a monopoly of
Mich trade N condemned by the stat
ute Tin' must extreme critics cannot
Instance a case Hint ought to be con
demned under ( lie statute which Is not
brought within IN terms as thus con
fit rued.
The suggestion Is also made that the
supreme court by Its decision In the
InM two oases tins committed to the
court ( he iindelliied and unlimited dls-
orotlon in determine whether a case of
restraint of trade Is within the termu
of tliH statute This Is wholly untrue.
A reasonable restraint of trndo at com
mon law Is well understood and Is
< lenrly defined. It does not rest In the
discretion of the court. It must be
limited to accomplish the purpose of a
lawful main contract to which in order
thnt It shall be enforceable at all It
must be Incidental. If it exceed the
needs of that contract It Is void.
The test of reasonableness was never
npplled by the court at comman law
to contracts or combinations or con-
Bpir.icles In restraint of trade whose
purpose was or whose necessary effect
would be to stllle competition , to con
trol prices or establish monopolies.
The courts never assumed power to
say that such contracts or combina
tions or conspiracies might be lawful
If the parties to them were only mod
erate In the use of the power thus se
cured and did not exact from the pub
lic too great and e.\orbltant prices. It
Is true that many theorists and others
engaged In business violating the stat
ute have hoped thnt some such line
rould be drawn by courts , but no court
of authority has ever attempted It
Certainly there Is nothing In the deci
sions of the latest two cases from
v liU h such a dangerous theory of Ju-
> tl. li : ! dls/retlon lu enforcing this stat
ute < -MII derl\e the slightest sanction.
Force nntl Effectiveness of Statute a
Matter of Growth.
We have been twenty-one years maU-
n. ; : this statute elfecllve for the pur-
P i's for wlili-li It was enacted. The
Untulil easy was discouraging and
c i"iicd I" remit In the slaces the whole
; i\ liable power to nttai-U and suppress
U. " evils ot the trust * . Slowly , howev-
rr. tinerroi of Hint Judgment was cor-
rivted. and only In the lust three or
four years has the heavy hand of the
law been laid upon the great Illegal
combinations that have exercised such
an absolute dominion over many of our
industries. Criminal prosecutions have
1)cen ) brought , and a number are pend
Ing , but juries have felt averse to con
vi , ting for jail sentences and judge-
have been most reluctant to impose
such sentences on men of respectable
standing lu society whose offense has
lu-en regarded as merely statutory
Still , as the offense becomes better un
derstood and the committing of it partakes -
takes moii' of studied and deliberate
defiance of the law we can be confi
dent that juries will convict individu
als and thai Jail .sentences will be 1m-
po > ed
The Remedy In Equity by Dissolution.
In the Standard Oil case the supreme
and circuit courts found the combina
tion to be a monopoly of the interstate
business of retinlng. transporting and
marketing petroleum and its products ,
effected and maintained through thir
ty-seven different corporations , the
stock of which was held by a New Jer
sey company. It in effect commanded
the dissolution of this combination , di
rected the transfer and pro rata distri
bution by the New Jersey company of
the stock held by It In the thirty-seven
corporations to and among its stock
holders , and the corporations and indi
vidual defendants were enjoined from
conspiring or combining to restore
hUvh monopoly , and all agreements be
tween the subsidiary corporations tend
ing to produce or bring about further
violations of the act were enjoined.
In the tobacco case the court found
that the individual defendants , twen-
T \-nlne In number , had been engaged
.n n successful effort to acquire com-
iilete dominion over the manufacture.
bule and distribution of tobacco In this
' ountry and abroad and that this had
( icon done by combinations made with
a purpose and effect to stltle competi
tion , control prices and establish a
monopoly , not only in the manufacture
of tobacco , but also of tin foil and lie-
orlco used in its manufacture nud of
us products of cigars , cigarettes and
snuffs. The tobacco suit presented a
far more complicated and dltllcult case
than the Standard Oil suit for a decree
which would effectuate the will of the
court and end the violation of the stat
ute. There was hero no single hold
ing company , as lu the case of. the
Standard OH trust. The main company
was the American Tobacco company ,
a manufacturing , selling and holding
company. The plan adopted to de
stroy the combination and restore com
petition involved the redlvislon of the
capital and plants of the whole trust
between some of the companies con
stituting the trust and now companlei
orguni/cd lor the purpose.nl ttie 111-
cree iiml made parties to It and mini
berlng , new and old. loiirteen.
Situntlon Aftar Readjustment.
The American Tobacco company
( old. . , readjusted capital SD'-.OOO.OOO :
the Liggett \ Meyers Tobacco company
inewi. capital $ ( } 7.fH ) ( X)0 ) : ( he P. I.orll-
lard company inewi. capital $ I7. < > < : < > .
000 , and ( he It .1. Reynolds Tobacco
company ( nidi , capital S'.fi'J.l.oou. are
chiefly 'engaged In the manufacture
and sale < > f chewing and smoUIng to
bacco and cigars. The former one tin
foil company Is divided Into two. one
of $ SL')00 . ) capital and the other of
5-IOO.non The one snuff company Is
divided Into three companies , one with
a capital of $ lii.000.000 , another with a
capital of $ .S.OOO.OOO and n third with
n capital of $ S.OOO.OO < ) . The licorice
companies are two. one with a capital
of $ -.7iS.tno ( : and another with a capi
tal of $1.000.0 ! < X ) . There Is also the
British-American Tobacco company , a
British corporation , doing business
abroad with a capital of $1',000,000 ( ! ,
the I'orto Itlenii Tobacco company ,
with a capital of $1.800.000. and the
corporation of United Cigar Stores ,
with a capital of $11.000.000.
Under this arrangement each of the
different kinds of business will be dis
tributed between two or more compa
nies with a division of the prominent
brands In the same tobacco products ,
no as to make competition not only
possible , but necessary Thus the
smoking tobacco business of the coun
try Is divided so that the present In
dependent companies have 121.30 per
cent , while the American Tobacco com
pany will have Itlt.OS per cent , the Lig
gett & Meyers0.03 per cent , the Ix > rll-
lard company 22.82 per cent and the
Reynolds company 2.00 per cent. The
stock of the other thirteen companies ,
both preferred and common , has boon
taken from the defendant American
Tobacco company and has been dis
tributed among Its stockholders. All
covenants restricting competition have
been declared null and further per
formance of them has been enjoined.
The preferred stock of the different
companies has now been given voting
power which was denied It under the
old organization. The ratio of the pre
ferred stock to the common was as 78
to10. . This constitutes a very decided
change in the character of the owner
ship and control of each company.
In the original suit there were twen
ty-nine defendants , who were charged
with being the conspirators through
whom the illegal combination acquired
and exercised Its unlawful dominion.
Under the decree these defendants will
hold amounts of stock in the various
Hstrlbutoo companies ranging from 41
per cent as n maximum to 28'/i per
cent as a minimum , except In the case
of one small company , the Porto Rieiin
Tobacco company. In which they will
hold 45 per cent. The twenty-nine In
dividual defendants arc enjoined for
three years from buying any stock ex
cept from each other , and the group Is
thus prevented from extending Its con
trol during that period. All parties to
the suit and the new companies who
ore made parties are enjoined perpet
ually from in any way effecting . .any
combination between any of the com
panies In violation of the statute by
way of resumption of the old trust.
Each of the fourteen companies Is en
joined from acquiring stock in any of
the others. All these companies are
enjoined from having common direc
tors or ouVers. or common buying or
selling agents , or common ollices , or
lending money to each other.
Size of New Companies.
Objection was made by certain In
dependent tobacco companies that this
settlement was unjust because it left
companies with very large capital in
active business and that the settle
ment that would be effective to put allen
on an equality would be n division of
the capital and plant of the trust lute
small fractions in amount more near
ly equal to that of each of the Inde
pendent companies. This contention
results from a misunderstanding of
the anti-trust law and its purpose. It
is not intended thereby to prevent the
accumulation of large capital In busi
ness enterprises In which such n com
bination can secure reduced cost of
production , sale and distribution. It
is directed against such an aggrega
tion of capital only when Its purpose
is that of stifling competition , enhanc
ing or controlling prices and establish
ing a monopoly. If we shall have by
the decree defeated these purposes
and restored competition between the
large units into whir-h the capital and
plant have been divided we shall have
accomplished the useful purpose of
the statute.
Confiscation Not the Purpose of the
Statute.
It Is not the purpose of the statute
to confiscate the property and capital
of the offending trusts. Methods of
punishment by fine or Imprisonment
Of the individual offenders , by tine of
the corporation or by forfeiture of its
goods in transportation are provided ,
but the proceeding in equity is n spe
cific remedy to stop the operation of
the trust by injunction and prevent
the future use of the plant and capital
In violation of the statute.
Effectiveness of Decree.
I venture to say that not In the his
tory of American law has a decree
moro effective for such a purpose been
entered by a court than that against
the tobacco trust As Circuit Judge
Noyes said In his judgment approving
the decree :
"Tho extent to which it has been
necessary to tear apart this combina
tion and force it Into new forms with
the attendant burdens ought to demon
strate that the federal anti-trust statute
Is a drastic statute which accomplishes
effective results , which so long as it
stands on the statute books must bo
obeyed and which cannot be disobey
ed without Incurring farreuchlng pen
alties. And , on the other hand , the
successful reconstruction of this or
ganization should teach that the effect
of enforcing this statute is not to do
stroy. but to reconstruct : not to do
mollsh , but to recreate In accordance
with the conditions which the congress
has declared shall exist amonc the
people of the ( 'tilted Slate ? . "
Corin'cn Stock Ownership.
It has been assumed thnt the prev
ent pro rata and common ownership in
all these companies by former stock
holders of the trust would Insure a
continuance of the same old single con
trol of nil the companies Into which
the trust has by decree been disinte
grated This Is erroneous and Is based
upon the assumed Inelllcacy and Inline
iiousnesM of judicial Injunctions. The
companies are enjoined from co-opera
tlon or combination : they have differ
cut managers , directors , purchasing
and miles agents. If all or many nf
the numerous stockholders , reaching
Into the thousands , attempt to secure
concerted action of the companies with
a view to the control of the market
their number Is so large that such an
attempt rould not well be concealed ,
and Its prime movers and all Its partic
ipants would be at once subject to con
tempt proceedings and Imprisonment
of n summary character The Immedi
ate result of the present situation will
necessarily be activity by till the com
panies under different managers , and
then competition must follow or ( here
will be activity by one company and
stagnation by another. Only a short
time will Inevitably lead to a change
In ownership of the stock , ns all op
portunity for continued co-operation
must disappear. Those critics who
3pcak.of this disintegration in the trust
as a mere change of garments have not
given consideration to the inevitable
working of the decree and understand
little the personal danger of attemptIng -
Ing to evade or set at naughf the sol
emn injunction of a court whose object
Is made plain by the decree and whose
Inhibitions are set forth with a detail
and comprehensiveness unexampled In
the history of equity jurisprudence.
Voluntary Reorganizations of Other
Trusts nt Hand.
The effect of these two decisions has
led to decrees dissolving the combina
tion of manufacturers of electric
lumps , a southern wholesale grocers'
association , an Interlocutory decree
against the powder trust , with direc
tions by the circuit court compelling
dissolution , and other combinations of
a similar history are now negotiating
with the department of Justice looking
to n disintegration by decree and re
organization In accordance with law.
It seems possible to bring about these
reorganizations without general busl
ness disturbance.
Movement For Repeal of the Anti
trust Law.
But now that the anti-trust act is
seen to bo effective for the accomplish
ment of the purpose of its enactment
we are met by a cry from many differ
ent quarters for its repeal. It Is said
to bo obstructive of business progress ,
to be an attempt to restore old fash
ioned methods of destructive competi
tion between small units and to make
impossible those useful combinations
of capital and the reduction of the cost
of production that are essential to con
tinued prosperity and normal growth.
In the recent decisions the supreme
court makes clear that there is noth
ing In the statute which condoning
combinations of capital or mere big
ness of plant organized to secure econ
omy In production and a reduction of
Its cost. It Is only when the purpose
or necessary effect of the organization
ind maintenance of the combination
or the aggregation of Immense size are
he stilling of competition , actual and
potential , and the enhancing of prices
and establishing a monopoly that the
statute is violated. Mere size Is no
sin against the law The merging of
wo or more business plants necessarl-
y eliminates competition between the
inlts thus combined , but this ellmlna-
ion Is in contravention of the statute
only when the combination Is made for
lurposo of ending this particular com-
ictltlon In order to secure control of
and enhance prices and create a mo
nopoly.
Lack of Definiteness In the Statute.
The complaint Is made of the stat
ute that It Is not sulllclently definite
n Its description of that which Is for
bidden to enable business men to avoid
ts violation. The suggestion is that
we may have a combination of two
corporations which may run on for
years and that subsequently the at-
; orney general may conclude that It
was a violation of the statute and that
which was supposed by the combiners
to bo innocent then turns out to be a
combination In violation of the statute.
The answer to this hypothetical case
Is that when men attempt , to 'amass
such stupendous capital as will enable
them to suppress competition , control
prices and establish a monopoly they
know the purpose of their acts. Men
do not do such a thing without having
it clearly in mind. If what they do is
merely for the purpose of reducing the
cost of production , without the thought
of suppressing competition by use of the
bigness of the plant they are creating ,
then they cannot be convicted at the
time the union is made , nor can they
bo convicted later unless It happen
that later on they conclude to sup
press competition and take the usual
methods for doing so and thus estab
lish for themselves n monopoly. They
can in such a case hardly complain if
the motive which subsequently is dis
closed is attributed by the court to the
original combination.
New Remedies Suggested.
Much Is said of the repeal of this
statute and of constructive legislation
intended to accomplish the purpose
and blaze a clear path for honest mer
chants and business men to follow. It
may bo that such a plan will bo
evolved , but I submit that the discus
sions which have been brought out lu
recent days by the fear of the con
tinued execution of the anti-trust law
have produced nothing but glittering
generalities and have .offered no Hue
of distinction or rule of action as defi
nite and as clear as that which the supreme
premo court Itself lays down in en
forcing the statute.
Supplemental Legislation Needed , Not
Repeal or Amendment.
I see no objection , and Indeed I can
nee decided advantages , In the enact
ment of a law which nhnll describe
and denounce methods of competition
vhlch ae unfair and are badges of the
unlawful purpose denounced In the
anll-trusl law The attempt and pur
pose to suppress a competitor by un
derselling him at n price so unprofita
ble ns to drive him out of business or
Ihe innklii' ' of exclusive contracts with
'Mistoniors under which they are required -
quired to give up association with oth
er mn'infafMuniM and numerous kin-
I'.red methods for stilling competition
and effeetlii' , ' monopoly should be de
scribed with siiihVlont accuracy In a
criminal statute on the one hand to
enable ( he trovenmient to shorten Its
task by prosecuting single misdemean
ors Instead of an entire conspiracy and
on the other hand to servo the purpose
of pointing out more In detail to
the business community what must be
nvohlcil.
Federal Incorporation Recommended.
In a speebl moselle to congress on
Jan. 7. 11110. I ventured to point out
the disturbance to business that would
probably attend the dissolution of these
offending trusts. I said :
"But such an investigation and pos
sible prosecution of corporations whose
prosperity or destruction affects the
comfort not only of stockholders , but
of millions of wage earners , employees
and associated tradesmen , must neces
sarily tend to disturb the confidence
of the business community , to dry up
fho now ( lowing sources of capital
from Its places of hoarding and pro
duce n halt In our present prosperity
that will cause suffering and strained
circumstances among the Innocent
mti'riy for the faults of the guilty few
The question which 1 wish In this
message to brituf clearly to the con
sideration and discussion of congress
Is whether. In order to avoid such a
possible business danger , something
cannot be done by which those busi
ness combinations may be offered a
moans , without great financial dis
turbance , of changing the character ,
organization and extent of their busi
ness Into one within the lines of the
law under federal control and super
vision , securing compliance with the
anti-trust statute.
"Generally in the Industrial combina
tions called 'trusts' the principal busi
ness Is the sale of goods In many states
and In foreign markets In other words ,
the Interstate and foreign business far
exceeds the business done In any one
state. This fact will Justify the fed
eral government in granting a federal
charter to such a combination to make-
anil sell In Interstate and foreign com
merce the products of useful manufac
ture under such limitations as will se
cure a compliance with the nnrMrust
law. It Is possible so to frame a stat
ute that , while It offers protection to a
federal company against harmful , vex
atious and unnecessary Invasion by the
states. It shall subject it to reasona
ble taxation and control by the states
with respect to its purely local busi-
less. * *
"Corporations organized under this
ict should be prohibited from iicquir-
ng and holding stock in other corpo-
atlons ( except for special reasons ,
ipon approval by the proper federal
uithorltyi. thus avoiding the creation
mder national auspices of the holding
company with suboitlinatecorporations-
n different states , which has been
< uch an effective agency in the crea
tion of the great trusts and monopo-
ies.
"If the nrohlbltion of the anil-trust
ict against combinations in restraint
of trade is to be effectively enforced
t is essential that the national govern
ment shall provide for the creation of
latlonal corporations to carry on a le
gitimate business throughout the Uult-
'd States. The conflicting laws of the
lifferont slates of the Union with re-
> pect to foreign corporations make it
lltlicult. If not impossible , for one cor
poration to comply with their require
ments so as to carry on business in a
number of different stales. "
I renew the recommendation of the
enactment of a general law providing
for the voluntary formation of cor
porations to engage In trade and com
merce among the states and with for
elgn nations Every argument which
was then advanced for such a luw and
every explanation which was at that
time offered to possible objections has
been confirmed by our experience since
the enforcement of the anti-trust stat
ute has resulted in the actual dissolu
tion of active commercial organiza
tions
It N even more manifest now than
It was then that the denunciation of
conspiracies in restraint of trade
should not and docs not mean the de
nial of organizations large enough to
be intrusted with our Interstate and
foreign trade. It has been made more
clear now than It was then that a
purely negative statute like the anti
trust law may well be supplemented
by specific provisions for the building
up nml regulation of legitimate na
tional and foreign commerce.
Government Administrative Experts
Needed to Aid Courts In Trust
Dissolutions.
The drafting of the decrees In the
dissolution of the present trusts , with
a view to their reorganization Into le
gitimate corporations , has made It es
pecially apparent that the courts are
not provided with the administrative
machinery to niuko the necessary In
quiries preparatory to reorganization
or to pursue such Inquiries , and they
should be empowered to Invoke the
aid of the bureau of corporations In
determining the suitable reorganiza
tion of the disintegrated parts. The
circuit court and the attorney general
were greatly aided In framing the de
cree in the tobacco trust dissolution by
an expert from the bureau of corpora
tions.
Federal Corporation Commission Pro-
posed.
I do not set forth In detail the terms
and sections of a statute which might
supply the constructive legislation per
mitting and aiding the formation of
combinations of capital into federal
corporations. They should be subject
to rigid rules us to their organization
nml procedure , including offectli'e pub
licity , and to the closest supervision as
to ( lie Issue of stock and bonds by an
executive bureau or commission lu the
department of commerce and labor , to
which In times of doubt they might
well submit their proposed plans for
future business It must be distinctly
understood that Ineoritorallon under a
federal law could not exempt the com
pany thus formed and Its incorporate
and managers from prosecution under
the anti-trust law fop subsequent Il
legal conduct , but the publicity of Its
procedure and Ihe opportunity for fre
quent consultation with the bureau or
commission lu charge of the Incorpora
tion as to the legitimate purpose of Its
transactions would offer It as great sr-
i-urlty against successful prosecutions
tor violations of the law an wouia bo
practical or wise.
Such a bureau or commission might
well bo Invested also with the duty
already referred to of aiding courts
In the dissolution and recreation of
trusts within the law. It should be an
executive tribunal of the dignity and
power of the comptroller of the cur
rency or the Interstate commerce com
mission , which now exercises supervis
ory power over Important classes of
corporations under federal regulation.
The drafting of such n federal in
corporation law would offer ample op
portunity to prevent many manifest
evils In corporate management today ,
Including Irresponsibility of control in
the hands of the few who are not the
real owners
Incorporation Voluntary.
I recommend ( hat the federal char
ters thus to be granted shall be volun
tary , at least until experience justifies
mandatory provisions. The benefit to
be derived from the operation of great
businesses under the protection of such
n charter would attract all who are
anxious to keep within the lines of the
law. Other large combinations that
fall to take advantage of the federal
incorporation will not have a right to
complain If their failure Is ascribed to
unwillingness to submit their transac
tions to the careful official scrutiny ,
competent supervision and publicity
attendant upon the enjoyment of such
a charter.
Only Supplemental Legislation Needed.
The opportunity thus suggested for
federal Incorporation. It seems to me.
Is suitable constructive legislation
needed to facilitate the squaring of
great Industrial enterprises to the rule
of action laid down by the anti-trust
law. This statute as construed by the
supreme court must continue to be the
line of distinction for legitimate busi
ness. It must be enforced unless wo
are to banish Individualism from all
business and reduce it to one common
system of regulation or control of
prices like that which now prevails
witli respect to public utilities and
which when applied to all business
would be a long step toward state so
cialism.
Importance of the Anti-trust Act.
The anti-trust act Is the expression
of the effort of n freedom loving \w \
pie to preserve equality of opportunity.
It is the result of the confident deter
mination of such a people to maintain
their future growth by preserving un
controlled and unrestricted the enter
prise of the Individual , his Industry.
Ids Ingenuity , his Intelligence and his
Independent courage.
For twenty years or more this stat
ute has been upon the statute book.
All knew Its general purpose and ap
proved. Many of Its violators were
cynical over Its assumed impotence.
It seemed Impossible of enforcement.
Slowly the mills of the courts ground ,
and only gradually did the majesty of
the law assert itself. Many of Its
statesmen-authors died before it be
came a living force , and they and oth
ers saw the evil crow which they had
hoped to destroy. Now Its efficacy Is
seen ; now Its power is heavy : now Its
object Is near achievement. Now wo
hear the call for Its repeal on the plea
that It Interferes with business pros
perity , and we are advised In most
general terms how by some other stat
ute and In some other way the evil
we are Just stamping out can be cured
If we only abandon this work of twen
ty years and try another experiment
for another term of years.
It is said that the act has not done
good. Can this be said in the face of
the effect of the Northern Securities
decree ? That decree was in no way
so drastic or inhibltlvo in detail as ei
ther the Standard Oil decree or the
tobacco decree. But did It not stop
for all time the then powerful move
ment toward the control of all the
railroads of the country in a single
hand ? Such a one man power could
not have been a healthful influence In
the republic , even though exercised
under the general supervision of an
interstate commission.
Do we desire to make such ruthless
combinations and monopolies lawful ?
When all energies are directed , not to
ward the reduction of the cost of pro
duction for the public benefit by a
healthful competition , but toward new
ways and means for making perma
nent in a few hands the absolute con
trol of the conditions and prices pre
vailing In the whole field of industry ,
then individual enterprise and effort
will be paralyzed and the spirit of
commercial freedom will bo dead.
WM. H. TAPT.
The White House. Dec. 6 , 1011.
Got a Free Lecture.
The agent tor a handsomely Illus
trated book to be sold on long time
credit a feast to the intellect and an
adornment to any library leaned
against the sldo of the house , caught
his breath , clinched his fist and looked
skyward.
"What's the matter ? " asked a police
man.
"I've met the meanest man , " ho an
swered , "I've heard of him , and I B
read about him in the papers , but I
never expected to meet him face to
face. "
"Where is ho ? "
"Dp in that building. "
"Flow do you know he's the meanest
man ? "
"Bv Hie wav he acted. I showed
htm this wort ; of art. leHun'd m. It
for half tin hniir. pointed out the en
urnvlngs. and when I hinted It wmild
he a good thing to order what do you
think he sal.IV"
" 1 don't I..MV "
"He s.ild lie never bought books ,
ho didn't have to. lie Just waited for
some Idiot of an agent to come along
and tell him all ( hat was in 'em and
turn over the leaves while he looked
nt the pictures. Nice , isn't lt-Kp-
n-orth Herald.
TUESDAY TOPICS.
C. S. lluycB wont to West Point on
business.
Lee Davis of Winner was a visitor
In the city.
Rev. and Mra. D. C. Colegrove leave
for their now homo In Denver Tlmrs-
lay.
.1. C. Lurkln went to Battle Creek
on business.
It. ( ! . Itohrke of llosklns was hero
transacting business.
Miss Allco llosklns returned from
a three days' visit with her mother nt
Plalnvlew.
.Mr. and Mrs. George N. Heels re
turned from a visit with friends at
Sioux City.
.luck Sullivan , the middleweight
fighter of O'Neill , was hero visiting
with friends.
Mrs. S. M. llrumniell of Council
muffs was here visiting with the A.
( ! . lleckman family.
Miss Ruth Shlvely , who was here
spending Thanksgiving with her pa
rents , .Mr. and Mrs. W. T. Shlvely ,
has returned to Madison to take
chnrgo of her school ,
A. II. Viele , who has been confined
to his home for Bonie months with an
ailing knee , has now practically re
covered his usual health. The knee
still gives Mr. Vlelo some trouble , but
he is able to bo at his place of busi
ness.
The new ir-o house at South Norfolk
is about completed.
There will be a. meeting of ( ho Do-
grey of Honor in the G. A. R. Hall
tomorrow evening.
A regular meeting of Mosaic lodge
No. fif. . will bo held this evening.
I ) . Rees has sold a house and three
lots at South Norfolk to Carl Brauuch.
All the brickwork and the rooting
work of the new Union Pacific depot
has been completed.
The 7-year-old son of Mr. and Mrs.
W. II. ( Iray , farmers living northeast
of town , was operated on Monday. The
lad is doing well.
D. C. Harrington , ItOI Norfolk av
enue , suffered a partial stroke of pa
ralysis hist night. Mr. Herrlngton Is
< ! 2 years of age. He is resting today
us well as could be expected.
H. S. Brown was brought before
Judge Eisoley. for violating ordinance
No. 2tl : Monday. The ordinance re
fers to the violation of the peddling
without license law.
D. Biuini , after many weeks of Ill
ness , was able to be at his place ( it
business for the first time Monday
Afthough a trifle weak , Mr. Bauin be
lieves he will now bo able to be at
his store every day.
The two Omaha young men who
were planning to open a "nickelodeon"
in Norfolk have given up and re
turned to Omaha. They found it Im
possible to find a suitable location
for their moving picture shov.
Adolph KrueRor , ; i farmer living
near here , and Hans Hansen , a farm
hand living near Brndish , were fined
$7.10 each In Judge Elseley's court
Monday. They were both paroled and
given two weeks to pay their fines.
John Olson , the stranger who was
found lying in n drunken stupor in a
vacant lot on Braasch avenue Mon
day afternoon , had twenty cents in
one pocket of his trousers , while the
other was filled with onions. John
was arrested.
Alvin mils , the young farmhand
whose arm was amputated after he
had caught his hum ! in a corn shred
der near llosklns , Is now located in
this city and Is under a physician's
care. Kills is rapidly recovering his
usual health.
The Killian store missed about half
: i dozen fountain pens at noon , and
strangers who had been examining the
pens just before they disappeared are
suspected. The police were called
and a description of the strangers was
gHen them.
Cards are out announcing the mar
riage of Lieut. Eugene .1. Ki > , t * . S. A. ,
to Miss Julia Taylor , daughter of Col.
Charles Taylor , V. S. A. , at St. Paul ,
Minn. , on Dec. 2. Lieut. Kly and his
bride will arrive in Norfolk early next
week to visit at the home of Mr. and
Mrs. 10. K. Gillette.
10. P. Weatherby , who has just re
turned from an Omaha hospital , where
he underwent a very serious surgical
operation , was able to bo at his offlco
yesterday. Mr. Weatherby surprised
the Omaha surgeons , who forecasted
that ho would be in the hospital at
least six weeks. Ills recovery was re
markably rapid.
F. 10. Davenport , first vice-president
of the Northeastern Nebraska Poultry
association , sent to Spilby , lOngland ,
Tuesday for a coop of single-combed
buff orpington chickens. It is possible
that these chickens will arrive in Nor
folk in time for the annual chicken
show on Jan. I ) . The English birds
are said to bo very fancy stock and of
the purest buff. They bring a high
price.
Miss Edna Leslie and W. J. Currier
were married at Sioux City last Sat
urday afternoon. Miss Leslie Is a DCS
Moines girl and Mr. Currier was for
merly employed as night clerk at the
Oxnard hotel. After a short honey
moon Mr. and Mrs. Currier will settle
somewhere In the center of a terri
tory In which Mr. Currier will travel
as salesman for the American Tobacco
company.
A regular meeting of the board of
education was held last night. There
are but four members of the school
board In the city. S. O. Dean went to
California to spend the winter , and
Jack Welsh finds it necessary to be
out of the city most of the time at
tending to liia now duties as federal
Inspector of locomotive
ultir routine busliumH was trniiHuotoil
at the meeting.
At a special meeting of the Norfolk
Ad club last night resolutions extendIng -
Ing a vote of thanks to several mom-
rH of the dub for the ncllvo part
they took In bringing the recent Ad
club homo talent show to a micccmiful
financial ending were panned. All
iiiemherH of the chili and those partici
pating In the show were given a vole
of tliaiikrt. The treasurer's report
showed that the Ad club's debt wan
about cleared up.
Rev. II. WellhotiHen was formally
Installed as pastor of the SI. Johannes
church Sunday by President Wupper
of this synod of the Lutheran church.
Mr. Wupper's home Is at Hooper , and
ho was assisted by Rev. Mr. Hols-
berger of Russell , Kan. The Stanton
congregation of the St. Lucmt Luth
eran church came to Norfolk to ho
present at the Installation Twenty
members of the Stanton choir sang at
the St Johannes church. The Indies
of the church served u dinner during
the evening.
Some day In the very near fntiiro u
boy will bo killed while enr.ugcd In
the perilous act of stealing a rldo on
the rear of an anlomoliilo between
South Norfolk and the main part of
( own. Tim other night three youiitf
boys , sons of prominent Norfolk men ,
took one of these perilous rides , and
before the automobile had reached the
main part of town the youngsters hud
almost fallen under the wheels thre.n
times. Some action should bo taken
by ( he police , say drivers of automo
biles , to prevent boys from playing
these desperate pranks. "Wo are
bothered to death with these boys , "
say the drivers. "Some day one of
them will ho killed. "
Elks Honor Their Dcnd ,
Norfolk lilkH paid trlbuto Sunday to
the memory of their departed broth
ers. A public service was hold In the
lodge room. The program opened
with an organ prelude by Mrs. Oel-
tlnger. ICsteomed Leading Knight
Hall called the meting to order.
A quartet consisting of Dr. C. S. Par
ker , R. Solomon , C. C. ( Sow and Her
man Sehelley rendered music during
the .service , and Rev. 1) . C. Colegrovo ,
the chaplain , delivered an Impressive
address calling upon Elks to not wait
until a brother is dead before begin
ning to reall/.e that he Is "a brother ,
but that , rather , wo over defend an
absent brother , not only from misfortune -
fortune and affliction , but still more
from the cruelty of our own minds
and tongues and that wo realize In
ourselves that , living or dead , an Elk
Is never forgotten , and remembering
our absent brothers , we strive to do
unto him as we would that ho should
do unto us. " He called attention lethe
the Elks' motto : "Tho faults of our
brothers wo write upon the sand ;
their virtues on the tablets of love
and memory. " The day's service was
altogether a beautiful one. During
the past year two members of the
local lodge have died.
The deceased members of the Nor
folk lodge , and dates of their deaths ,
are :
A. C. Powell , May 18 ! , HlOli ; L. Ros-
enthall , Sept. II ! , litOli ; J. W. Parker ,
Sept. 19 , 100. ! ; O. A. Luikart , Fob. 8.
1004 ; D. M. Owen , Dec. 17 , 1)04 ! ) ; G.
Offenhauser , Oct. S , 1905 ; O. F. Tap-
pert , March 12 , I'.IOC ; R. L. Braasch ,
July ai , 11)01 ) ! ; T. M. Ryan , July 22 ,
1)0 ! ) ; C. D. Jenkins. Oct. 2. l)0fi ! ) ; W.
M. Robertson , Jan. 22 , 1907 ; C. W.
Braasch , Aug. 11 , 11)07 ) ; B. W. Wolver-
ton , Oct.r. . , 1JI07 ; C. A. Madson , April
20 , P.I08 ; S. Wilder , July 0 , 1908 ; B.
M. Smith , Oct. IT , , 190S ; W. A. Smith.
Dec. ! , 1908 ; I. G. Westervelt , Jan. 21 ,
1909 ; O. O'Noill , Jan. 2 , 1910 ; E. I.
Browne , Jan. 19 , 1910 ; G. T. Harrison ,
March 21 , 1910 ; L. R. Pheasant , Oct.
I. 1910 ; H. H. Patterson , Oct. 19 , 1910 ;
F. B. Alderman , Dec. 11. 1910 ; A. M.
Nixon. Feb. 5 , 1911.
NORTHWESTERN RETRENCHES.
Cuts Dispatchers' Force and Also
Freight Car Service.
Fremont , Neb. , Dec. 2 A reduction
in the freight service on the Eastern
division and In the force of dispatch
ers at the Fremont office went Into
effect on the Nprthwestern railroad
today. Slow business is the reason
given by officials of the road for the
retrenchment orders.
The now arrangement reduces two
dispatchers to operators and lets out
three operators. Hereafter the force
at the Northwestern dispatchers' of
fice will consist of a day chief , a night
chief , three dispatchers and two op
erators.
The new merchandise schedules ef
fective today reduce the number of
freight cars loaded daily at Fremont
from twenty-thrco to seventeen ; at
Omaha , from fifty-five to thirty-eight ;
at Lincoln , from twenty-five to nine
teen ; at Norfolk , from forty-eight to
thirty-eight.
A Pine Ridge Dispute.
Pierre , S. D. , Dec. ! . Holding that
the lands reclaimed by the Indians ,
whether allotted or not , are being se
lected and declaring that there will
be a shortage on the Pine Rldgo res
ervation to fill the claims of the In
dians , who ho says are first. Allotting
Agent Bates has received a new point
against the state selection of Indem
nity lands on that reservation. State
Land Commissioner Drinker has gone
to Washington to secure a ruling on
the disputed point. If the department
holds with the alloting agent , the
state will be forced to indemnify it
self for two tfections which were taken
by the Indians In their allotment.
A Bomb Kills Twelve.
Constantinople , Dec. 5. A bomb
was thrown in the vllaya of KOBBOVO ,
European Turkey , killing twelve per
sons and wounding twenty. This Is
the fourth outrage in Macedonia with
in a few days. In the other cases
railways were blown up but no one
was Injured. Bulgarian revolutionists
are accused of being the perpetrators.