Omaha Daily Bee.
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M (VOL. XL-NO. 284.
OMAHA, TUESDAY MORNING, MAY IK, MU-TWELVE PAGES.
SINGLE COPY TWO CENTS.
The
LABOMEADERS
WIN THEIR SUIT
rm . i .
Supreme Court of United States Says
Jail Sentences ed Are
l- 111
! -.-
CIVIL, NOT CR V v ; ACTION
Tribunal Beviews '
Fullest, t
BOYCOTT IS DECi'i
in Their
WBONG
Imposed
Only Sentence that C -
Were Fin
dJTJSED PARTIES MAY FILE SUIT
Difference Brtvrti Rirlu Company
ad Labor Men All Settled and
Flnl Written la Present
Action.
WASHINGTON, May lS.-Sett!ng aside
the ifntsivM of Imprisonment Imposed by
the upreme court of the District of Colum
hU, for aliened disobedience to a boycott
Injunction, the supreme court of the United
State today held that Samuel Oompers,
John Mitchell and Frank Morrison, presi
dent, vie president and secretary of the
American Federation of Labor had been
eroneously sentenced to Jail on a charge
of contempt of a locnl court.
The first case announced was the con
tempt ca agnlnat Messrs. fJompers, Mit
chell and Morrison. Jiintlte jjimar deliv
ered the court s decision. He began at 12
o'clock to read the written opinion, with
out announcing the decision. Many minutes
were spent In reviewing the facts.
' The court unanimously held that the
only sentences that could be Imposed on
the labor leaders were fines. In so hold
ing, the supreme court of the United
States found tnat the court of appeals in
the District of Columbia and the supreme
court erred In treating the contempt pro
ceedings as a criminal case and not a civil
one. The effect of holding the proceedings
a civil One was to make Jail sentences Im
possible. Hence the jail sentences had to
be aet aside.
Case Ordered D la mined.
To correct the error th. case was sent
back to the local courts with direction
that it be dismissed. At the same time the
court expressly made It possible for civil
proceedings to be Instituted against -the
labor men by the Buck Stove and Range
company, at who Instance the original con
tempt case was brought. The court waa
led to hold that the contempt proceedings
in this case must be civil In nature, be
cauxe criminal punishment is exercised
by courts to force persons to do acta com
manded. ' In the present case, the court
took the view that the labor men were
being- sent to Jail, not .to make them do
something the court ordered, but because
of "something they had done."
Inasmuch as all the difference between
the labor men and the Bucks Stove and
Tlange company baa bean adjudicated. In
cluding the boycott ease out of which the
contempt, proceedings arose, today's de
cision is probably th last to be heard of
this famoua action. ' '
Statement by Mr. Oompers.
Samuel Gompers returned from New
York late today. He said he was grati
fied that the supreme court had reversed
the decision of the lower' tribunal, but
added:
"I am disappointed that the court did
not decide the principle In contention in
the proceedings. X believe it to be the
consensus of opinion that the sentence
of six, nine and twelve months Imposed
on Mitchell, Morrison and myself were un
Jui.tlfteri. unusual and cruel, particularly
In alleged constructive contempt, and that
the Judge's language waa Intemperate and
unjudicial."
Iianlel Davenport, attorney for the
American Anti-Boycott association, under
whoa auspice the case were conducted,
raid today:
"Although It set aside the Jail sentences.
the United State supreme court In Its de
cision settled every question on account of
which th suit was originally brought. It
held that the boycott is Illegal and that a
party threatened with Injury by one ha a
right to go to a court of equity ror pro
tection against it. It holds that the con
stitutional right of free speech and free
press affords no protection to the boy
cotter."
Mitchell Olad to Hear It.
PHILADELPHIA. May IB. "Wrll, I am
glad to hear it," eald John Mitchell when
he stepped from a train her today and
waa told that the United State supreme
(Continued on Second Psge.)
THE WEATHEK.
For NebrssV a Shower.
For Iowa fchowers.
Temperatnr at Omaha lesterday.
Hour.
6 a. m...
4 a. m...
T a. m...
5 a. in...
9 a. m. ..
10 a. m...
11 a. m...
11 m
1 p. m...
2 p. m...
t p. m...
i p. m. ..
6 p. m...
Hp. m...
7 p. m...
S p. m...
Peg
rr r
S
r t
..... M
9
.. 77
.. 78
.. 79
.. 79
.. 7S
.. 79
.. 7
.. 76
.. 75
.. 72
I ouaparailt Loral Record,
1911. 1910. 1909. 19IK
Highest yesterday...
l.owetit yesterday..
Mean temperature..
tl Hi 17
SS 61 U M
74 M ) (S4
Precipitation
T .07 .111 tt
Temperature and precipitation departures
from the normal:
Normal temperature 62
Kxcess for the day 13
Total excesa tnt March 1 Vi
Normal preclpltai Ion 16 Inch
Kxcess fi r th "lav 1 Inch
Total rainfall since March 1.... 4 71 Inches
Iftcleiicy since March 1 1.7 Inches
Def1cincy for cor. period. 191f. 4 Inches
deficiency for cor. period. 1.. t.SS Inches
Report front Station at T P. M.
J
IS
Station and Temp. High. Rein
state of Weather. 7 p m. T d y. tall.
Cheyenne, clear 74 7 00
Ta export, cloudy 84 Si .00
Denver. cU-er ' M .04
Ilea Moines, c'.-mdv Su M .00
I'ortse City, part cloudy.... M 7.' .01
Lander, rain M 71 .2s
North Plait, part cloudy.. U , M .0
Omaha, Cloudy 76 M T
Pueblo, Clear S3 .01
Roid City, clear 81 K4 .0
Salt Lake, cloudy M 6& .00
Hunt Fe, clear M .'"J
heiidan rain , 0 ' 74 M
Bii u City, cloudy I 7s S3 .03
auntine. clesr HUM
T" M'ticates t-c of precipitation.
L. A. VYELbH, Local Forecaster.
Safety Appliances
Must Be Kept in
Good Repair
Supreme Court Holds that Duty of
Railroads in This Matter is Abso
lute and Not Relative.
WASHINGTON. May 15.-Rallroads com
ing within the terms ef the safety appli
ance acta of congress In 1WI and IMS are
under an absolute duty to Veep In repair
automatic couplers and other appliance
prescribed by law and not merely to ex
ercise reasonable diligence In repairing.
Such waa the decision today of the su
preme court of the United States.
This waa the second attempt of congress
to change the old common law rule that
an employe of a common carrier could
not sue , for damages from the carrier
for Injuries received In the course
of his employment, when th Injuries re
sulted from the negligence of a fellow
servant. The first law. that enacted
In ISO'S, was declared unconstitutional In
1908, because it embraced within Its terms
a regulation of Interstate commerce as
well a Interstate. The law considered
today waa enacted by congress In 1W Im
mediately after the first law waa held
unconstitutional.
The constitutionality and Interpretation
of the new law came before the court in a
numberof cases, heard as one case about
the last of February.
The principal case wss that of Bessie
Babcock, widow of Ora L. Babcock.
against the Northern Pacific Railway
company. Her husband lost his life In a
railroad collision on the Northern Pacific
In Montana In 1908. Mr. Babcock sued
under the federal employers' liability act,
which had Just been passed, and under
Its terms she was entitled to the entire
amount of Judgment. Babcock left a sis
ter also and If the Judgment had been
procured under the statute of Montana,
she would have been entitled to one-half
of It. The Northern Pacific resisted the
claim, on the ground that If the federal
law waa unconstitutional. It might be re
quired to pay the sister, even It it naa
settled with the widow. The law was up
held by the federal court of Minnesota.
Another case arose out of the death of
Daniel J. Walsh, brakeman on the New
York, New Haven ft Hartford Railroad
company. The united States circuit court
for Massachusetts held the law constitu
tional.
Still another case was that of Edgar C.
Mondou, an employe on the New York
New Haven ft Hartford Railroad com
pany, against that road. He brought suit
In th state courts of Connecticut, which
declined to consider the case. That gave
rise to question a to whether or not
congress had attempted to or could, If
It had attempted, require state courts a
eU as federal courts to take Jurisdiction
over uch ease.
Kestriction
on Sale of Indian
Lands is Upheld
Supreme Court Holds that Congress
Has Full Power to Define Terms
of Guardianship.
WASHINGTON. May 15. Three centuries
of civilisation have not brought th full
blood Indian to the point where hi right
are equal to those of th white man. Such
was the decision today of . th supreme
court of the United State In holding con
stitutional the twenty-five year restrictions
on the sale of Indian lands.
The twenty-five year restriction was Im
posed by congress In 1906. Previous to that
time individual member of the five civ
ilised tribe In Oklahoma were prevented
from making sales of their lands within
five year of the time of allotment. The
contention soon arose that the fullbtoods
had such right a cltiien as made the
extension unconstitutional. . In th case of
March! Tiger, a. fullblood Creek, the u
prema court of Oklahoma held that the re
strictions merely referred to lands allotted
directly to the fullblood and not to the
lands inherited by them. Th upreme
court of the United States hold that they
applied to inherited land a wall.
Th court held also that only congress
count'" determine when th Indian became
free from the white man' guardianship
and that congress had not yet so found.
RAPPAPORT ASKS ABOUT
STEEL WORKERS FUNDS
Attorney for McNamarae Say Money
Was Taken from Union Safe
When Police Searched It.
INDIANAPOLIS, May 15. That ItZl was
taken from the aafe In th of floe
of the International Association of
Bridge and Structural Iron Worker when
It wa opened by an expert locksmith from
the police, following the arrest of J. 3
McNamara, who ia in Jail in Los Angeles,
wa the charge made today by Leo N.
R&ppaport, attorney forth iron worker.
He demand an Investigation by th poMee.
An assessment of SS per member baa been
levied by the executive board of th union
for th defense of th McNamara broth
ers, according to th current laau of th
official Journal of th organisation.
FOREST FIRES ARE SPREADING
Pennsylvania Slate Reserve la Six
Coantlea Is Badly Dans
414.
BRADFORD. Pa., May-15. The forest
fires, checked last week by rain, have
begun to burn with renewed vigor and
are spreading In different direction today.
HARRISBURQ, Pa.. May U.-"Stat for
estry reserves have been dAmaged by fire
In six counties and unless rain come soon
there will be heavy losa," said Btat For
estry Commissioner Conklln today.
BURRILLVILLE. R. I., May 1.-Twelv
square mile of heavy woodland in three
rtatea has been burned over by a forest
fire In the section where the boundary lines
of Rhode Island, Massachusetts and Con
necticut meet up to thl afternoon.
CONFLICT IN OKLAHOMA CITY
Mayor and Connctl Refnso lo Tnra
Office Over to Newly Elected
Corneals toner.
OKLAHOMA CITY. Okl., My 15. -This
city ha two set of contending municipal
officer a result of th refusal today
of the mayor and city oouncll t turn over
the city office to th newly elected mayor
nd commissioner. Th holdover mayor
and council claim that the election by
which the commission form of government
was adapted waa Illegal.
PEACE TALK HAS
CALL IT JUAREZ
Federals Approach, but Envoys De
clare Outlook for Armistice
Most Favorable.
ROB AG A REPORTED NEAR CITY
Probability that No Clash Will Occur
' Before Parley.
EFFORT TO BRIBE A GENERAL
Sensational Attack on-Madero Has
Been Explained;
NAVARRO KEEPS IN HIDING
Newspaper Mil Who Has Brrs Aid
In General Tarawa In Jail hy
Mayor of F.lv Paso On
' Tramped Up Charsre.
EL PASO. May lS.-The end of the revo
lution In Mexico seems near, Judge Car
bajal. federal peace commissioner, this
morning received telegraphic Instructions
from Mexico City to proceed with peace
negotiations along the lines proposed by
Rafael Hems'ndei yesterday and carried
In last night's Associated Press dispatches
and based upon Madero's demands.
The telegram te Judge Carbajal Is be
lieved to be signed by President Dlak him
self and It is rumored contains a formal
acceptance by the president of th proposl
tlons suggested. '
Without doubt' formal peace negotiations
will be Immediately resumed.
Shortly after the receipt of the message
from Mexico CHy, Judge Carbajal got into
communication with Dr. Vaequei Gomes,
and the latter ' waa Informed of the re
ceipt, of the message and Its nature. Step
were taken at one to resume in a formal
manner the negotiation for peace Inter
rupted ten day sgo' and it now seems
probable that before nightfall representa
tives of the revolutionist and the federal
government will take up the problem of
restoring peace to their unhappy country.
The meeaage from Mexico City wa very
long, anf its translation required some
time. It is known, however, that the de
mands of the revolutions upon which their
proposition for a resumption of peace ne
gotiations were based, were taken up in
detail, and from the guarded and pleased
expressions of Judge Carbajal It wa mani
fest that the message wa anything but
unfavorable In ton. Th air of relief wa
evident indeed, both among the revolu
tionist lesder and adherents of th federal
government.
Dr. La Bara Expect Resnlts.
MEXICO CITY. May 15.-Peac again
looms big on th horizon of Mexico' Inter
nal affairs today .and Jed Foreign Minister
4e la Barta, a ha started for th national
palace at. An early hour te remark:
, "We believe that we are making great
progress toward peace."
. Th minister appeared to. be 'happy, 'not
withstanding that peace a-outlined in the
proposal from th revolutionary oarop-may
mean his iltnratin from th governowu.
Beyond th hopeful expression of be
la fiarra, the government official as on
yesterday ' maintained an Impressive se
crecy to whet is . going on behind th
doors of President Diss' cabinet room.'
MEXICANS
ABANDON
SON OR A
Gnrriaon of , Hermoaillo
Starts for
: 1 ' Mexico City.. ' '
OUAYMA8. Mex.. May 16 The stat of
Sonora is being adandoned to the rebel
and federal troops concentrated . In Mexico
City. Colonel Dtas arrived here today with
500 men from- Axu Prleta and began em
barking his force on a steamer. He wlU
proceed to' Mansanlllo, thence over . the
Tehuantepec railroad to Mexico City.
HKRMOSTLLO, Sonora, 'Mexico. May IS
Hermoslllo, the capital of the stat of
Sonora. was vcusted today, by th troop.
General Luis C Torre, military governor
of Bonora, departed on a special train with
the garrison of 500 men for Ouaymaa.
NOGALES. ', Sonora. Mexico, May 16.
Colonel Diss, commanding . the ' garrison
that evacuated Agua Prletai succeeded In
reaching Hermoaillo, but continued on to
the seaport ' city. ' There ha been a gen
era! withdrawal of ' troop from other
point, these force proceeding to Ouay
maa. ,
A round-up of (O.OOO cattle on ranches in
th vicinity of Cananea, Nogalee and Naoo
have been ordered for shipment Into the
United State The . cattle probably will
be bonded through the' Nogalea port on a
special concession from the Treasury de
partment. It Is understood that fear of
the imposition of a heavy tax by the rebel
la back of the proposed exportation.
Grand Jury Working
. on Graft Scandal
Indications that Number of Ohio Sen
ators and Representatives Will -
Be Indicted This, Week. '
COLUMBUS, O.. May IS. Prospects of a
full week session of th grand Jury were
bright, according to attaches of the prose
cuting attorney' office today when the
Jury reconvened for a continuation of th
probe Into the legislative "graft scandal.
A number of witnesses were summonded to
appear today.
Everything Is In the air regarding the
probe into bgibery charges by th senate
commute ef ten. Attorney. General Hogan
says that there I no provision for th
payment of witnesses and therefore their
attendance and testimony cannot bo forced.
It wa aaid also that only in ease a reso
lution was offered to expel a senator from
the senate for alleged bribery could such a
committee act and then th inquiry would
be limited to ascertaining th truth, or
falsity of that specific charge.
MINISTERS CRITICISE TAFT
Harrlsbara Methodist Regret that
Re Traveled oa Snnday to
Addree Trainmen.
HARRISBURQ. Pa..' May lS.-Reolutlona
expressing regret that President Taft trav
eled to this city yesterday to address the
big Sunday meeting of Railroad Trainman
were adopted today by th Methodist Min
isterial association of Hsrrlsburg.
Th resolutions expressed the hope that
there may be no repetition of what la
termed "desecration" of th day.
Th governor of Pennsylvania, the mayor
and former mayor of the city and th
clergymen wh participated In the exer
cises yesterday are Jso mentioned ia the
resolution.
'
Our WaeMngton Wrar.
FEDERALS HEARING JUAREZ
General Robajra' Reported . Only
Eighty Miles from City.
EFFORT TO BRIBE A GENERAL
General Oroaoa Denlea Char; and
ianWno M -tnte .1 . ow n
TVtendir . Terms . with
Madera, -
(From n Staff Correspondent.)
- BY GUY C( CORE.
JUAREZ. Mexico, Mav H. (Special 'Tele
gram.) Report of courier that Getters!
Robaga with S,0O0 men and eeverat1 nigh
power 'cannon Is at Villa Auhmaaa." only
eighty mile away; has thrown -th Mbel
camp at Juares Into consternation: -
Unusual activity is manifest' tonight and.
a rebel' force, probably unde. General
Orosco, will start early in th morning to
Intercept him. It -1 well understood 'that
th city cannot withstand an attack made
with good artillery. , .
While th very air is surcharged with
electricity, th peace convoys continue their
effort, it wa stated tonight by one of
th envoy that things seem In a fair way
for settlement. The proposed term have
net been mad public. At the earn time
a high rebel official declared tonight' that
unlees an agreement could be reached by
th Dtas government and th Maderists In
the next, fifteen days that plan already
formulated for th march upon th City
of Mexico would b carried out with the
utmost expediency.
( Bribe to Create Mnttny.
The sensational rumor of the day was
that an official high In the Dtax govern
ment yesterday offered General Oroxco of
the rebel force $300,000 to cause th arrest
of Madero. The arrest was attempted and
a riot cam near being the result General
Oroxco emphatically denies the charge and
today waa seen arm in arm la an 9 Paso
hotel with one of the Madero. v
A rebel legislature will probably b
named In the next few day.
The discord in the camp ha abown on
thing conclusively, that la that there needs
to be a high court beyond which no appeal
can be taken. Whll It la believed that
all of the rebel leader in various part of
th country will co-operate with Madero
still It is feared that a split may com.
Madero I in the north and many of th
other leader hav never seen him. If a
legislature -can b formed . which . will
represent all of rebel Mexico a campaign
better planned can be mad and all leader
will abide by it decision. In that way all
rt the country wUl be represented.
Navarro la H t dinar. v
General Navarro is in hiding In EI Paso.
Even the United State soldier do not
know where he la. It 1 feared if hi
whereabouts are learned that he will be
shot by many of th rebel who long for
hi life.
To a correspondent wh w him yester.
day he said:
"No I cannot leave El Paso. I am still
a prisoner of Mr. Madera I await his dls
position." The general, once commander
of many men, did not say It aadly. He said
It as he always says anything, quietly.
coolly.
"I had told Madero," he continued, "that
if my protection embarrassed his position
that I waa willing to be turned over to
those who demanded It. I only asked that
I be allowed to die like a soldier. If I am
the apple of discord let them kiU me. But
Mr. Madero would not listen to It. He Is
too honest. In sll my year of service 1
have never bad so much 4o mad over m.
"I merely concentrated my forces at the
barracks." he said in explanation of the
fight. "The rebels did net take a single
position. I was forced to evacuate m)
positions on the retreat. No position was
taken by assault."
It ia declared that General Navarro is d
Ing everything in his power to locate hi
officers who violated the): paro.es.
Newspaper Maa Arrested.
EL PASO, Tex.. May 14--icpeclal Te!
tContloued en Second Pag.)
Will They Come to This?
Czar Orders Inquiry
Into Mysterious
Murder of Boy at Kiev
' V . ' ... '.f .
8unday 'Passes,' Without' Threatened
Massacre of Jews but Many Are
Kri V : learittTT -City: ;
'",.'.' ': .,,. i
FT. PETERSBURG. MaV 15.-The central
government today dispatched M. Zaltzff
and M. Fenenko, nigh officials of the min
istry of Justice, to Kiev to. Investigate the
mysterious murder of the Christian boy,
Yuschlnsky, whose .death has, caused
threats to be made of a massacre of Jews
In that city.
KIEV, .Russia, May IB. The ability of
the authorities to preserve public order
yesterday,, th date reported to have been
set for Jewish massacre, -has had a re
assuring effect on the Jewish population.
Nevertheless th exodus) of the more
wealthy . Jew . continue and they will not
subside completely until the .circumstances
qf the aliened ritualistic murder ha been
explained and , the responsibility for the
orlme fixed.
On February 28, last, the body of a
Christian boy named Yuschlnsky waa found,
horribly mutilated. In a cave close by the
Jewish quarter in this city. The lad was
13 Veara of age and a 'student at the local
orthodox seminary. Certain circumstances
of the killing resulted In the charge by
enemies that Jews had mads the youth a
victim of a ritualistic murder, an alleged
religious' ceremony which hss been th
subject of controversy of allegation and
denials for centuries. '
An examination of the body showed that
It had been cut In forty-five places with
a knife and an awl. ; A post-mortem made
by Prof. Obollnsky determined that the
victim had - been tortured and all ithe
wounds Inflicted before life wa extinct.
His hands tied and' a gag In his mouth
the boy had been held upright as the
blood flowed downward. Beven deep stabs
In the region of the heart finally put an
end to his agony. Wben death ensued
the stripped body was reclothed.
Tn . fact that there were no blood spots
found on th clothing led .to the claim
that all the blood had left the body before
the cutting was ended. When discovered
there were no signs of decomposition. Dr.
Tufanoff ascertained that th body had
been removed to the cave five or six
hour after death, but before the muscular
rigidity set In. It la supposed that Tush
chlnsky pad been tortured and murdered
somewhere m th neighborhood of the
Jewish qusrter and the body deposited In
the cave at daybreak, as the rules of ths
accused, Jewish sect, Hsssldee, are alleged
to ferhld the burial of ritualistic victims.
The, details of the murder are alleged
to resemble, typical feature of ritual Wett
ings. ' The boy's mother was arrested on
suspicion, but later wa released. His step
father wa then accuseed.
The Jewish newspaper. Human, cred
ited the crime to the stepfather.
The Kiev LJanln, , the leading . conserva
tive organ of South Russia, today censures
the duma for Its recent Interpellation on
the matter and saya that It la not per
missible to ascribe every mysterious mm
der to th Jewish ritual.
STATE RESTS IN CASE OF
RUDOLPH BRANDENBURG
Klht Captain Phelan Saya Thame
that Confession Wa Wrssg from
Prisoner 'Is False.
DAVENPORT, Ia.. May li-Th state
today rested Its case In th trial nf Ru
dolph Brandenburg, charged with killing hi a
stepfather. Claus Muenter. Night Captain
Phelan of the Davenport police force" tola
of Brandenburg alleged' confession. ' He
ssld the prisoner told horn he went to his
mother's home with the Intention of kill
ing h.s stepfather If Muenter A'A not ceaee
hi j abuse of Mia Muenter.
In the cross-examination the defense
.ed to ho that tne confession was
. . urg from Brandenburg, but the officer
staled this was not true.
MRS. TAFT IS MUCH BETTER
President Leaves New York for Wash
ington on Morning Train.
HAS SHORT TALK WITH i STIMS0N
Tew Secretary of War Will Tak the
7'Ontl of Office West Monday
' ' Hitchcock Call on the '
President.
NEW YORK,' May IB President Taft
left for Washington over the Pennsyl
vania railroad at 10.-02 o'clock thl morn
ing. Dr. Evans, th Taft physician, told
him Just before he left the house of hi
brother, Henry W. Taft. that Mr. Taft'
condition bad shown so rcuch improve
ment that it would be safe for her to fol
low him Thursday morning.
Dr. Evan, who. spent most of yesterday
at ,the home of Henry W. Taft, the presl
dent's brother, where Mr. Taft waa 111,
left the house last night and today he
said that the patient waa doing well and
showing encouraging Improvement.
. Taken III Satnrdar Night.
Mrs.. Taft first complained of feeling III
Saturday night while attending th dinner
given her by the Academy of Political
Science, at which the president spoke.
Sunday morning It was considered Inadvis
able for her to leave the houee. Th presi
dent went to Harrtsburg alone and re
turned immediately, after he had addressed
the convention of railway trainmen. The
first information regarding Mrs. Taft' Ill
ness was received by the president Just be
fore he left . for Harrlaburg yesterday.
Mrs. Taft s Illness waa said to be a re
currence of the nervous trouble from which
she suffered two year ago, but In a less
sever form. It wa expected that she
would bo able to return to Washington In
two or three day.
. Hltehnoek and Stlmson Call.
', During the morning the president talked
briefly to two callers, Henry L. Stlmson
and Postmaster General Frank Hitchcock.
Mr. Stlmson cam to ask for more time
before he qualified a secretary of war.
lie was to hav taken th oath of offlc
today or tomorrow, but It wa arranged
that be should bo sworn In next Monday,
Mr. Hltchock . spent only five minute
with th president. The former will go
back' to WashlnAton tomorrow morning.
Senate Deadlock Over
President is Still On
Republican is Chosen Unanimously at
.k Caucus Held Monday
Afternoon.
. WASHINGTON, May 15 -A continuation
of th deadlock In the attempt to elect a
president pro tempore of the senate was
apparent today when the first hnllot re
sulted In no choice. Si'"nr " '
ote. 'hi democratic opponent, Senator
Bacon, th earn number, while six pro
srele republicans voted for Senator
Clapp.
A second ballot was similar to th first,
and ' despairing ol breaking th deadlock
ttit eni took up lor cunsiueiauuu luu
if t'nlted-Btatas senators by d'roci w.i
Boy Drowns While
" Saving His Brother
ABERDEEN.' S. D.. May U.-(Spedal
Telegram ) George Conrad, aged 11. aon
of Mr. and Mrs H A. Conrad, waa
drowned Sunday afternoon In a pond near
Aberdeen. The lad and a younger brother
er swimming In the pond when the
jounger brother got In too deep water
and was in danger of drowning. George
went to hla reecue and succeeded in get
ting hi brother out but wa drowned himself.
STANDARD OIL
COMPANY HELD
A CONSPIRACY
Supreme Court Decides that Rocke
feller Combination of Corpora
tions is a Monopoly.
ITS DISSOLUTION IS ORDERED
Time is Extended from One Month
to Six Months.
OPINION IS READ BY WHITE
Decree of Lower Court Upheld, with
Slight Modifications.
TWO POINTS IN THE DECISION
Unification of Power and Effect of
Agreements Cited.
SUIT STARTED FIVE YEARS AGO
It Whs Filed In St. loots In 1nl
and Printed Record of Case
Made Twenty-Two l.arae
Viilamrn,
WASHINGTON, May lR.-The govern
ment today won Its case In the supreme
court of the United 8tates against the
Standard Oil company of New Jersey in
that It Is a conspiracy and monopoly In
restraint of trade. The decree of the lower
court was afflrmeS, being modified In
patrlculars, which Chief Justice White sulil
were slight.
JuMlce Harlan announced a dissenting
opinion.
The decree of th lower court wa modi
fied so that there need not be "an abso
lute cessation of Interstate commerce in
petrolum and Its products by suh vast
agencies as are embraced In the combina
tion, a result which might arise from that
portion of the decree which enjoined carry.
Ing on of Interstate commerce not only
by the New Jersey corporation, but by all
of the subsidiary companies until th
dissolution of the combination of stock In
accordance with th decree." '
The court also extended the time from
one to six months In which the dissolu
tion must take place.
White Reads Derision.
The decisions, which contains sbout .cV
words, was read by Chief Justice White, it
was Chief Justice White, w ho hsd lent
hi voice to the refusal of the court to
dissolve the so-called sugar trunt. when the
famous Knight cse wa before the court.
He also delivered a dissenting opinion when
the Northern Securities company wa dis
solved by th court a being In violation
-of th ' Sherman anti-trust la w -'
. On the Knight case, th Standard Oil de
pended largely for support; on the majority
opinion In th Northern Becurltlee cas th
government hd founded much of Its hope.
It wa evident that Attorney General
Wlckersham, who had directed the govern
ment's battle during Its latter stage. ws
not delighted wheM th hlef Justice began,
but he maintained some hope of sucrens.
Chief Justice White first went inttf an
extensive recital of the fact In th case
and then held that the court bad Juris
diction over the suit which had been ques
tioned by the Standard Oil.
Jangle of Law and Testimony.
Chief Justice White said that the conten
tions were as divergent a the end of th
eerth. He spoke of a "Jungle" of testi
mony and of law. Th only point in which
the two sides were in accord wa that
the first and second section of the Sher
man anti-trust law controlled the cas. Tho
chief Justice said th court seized on thl
point a a barl on which to work out a
decision.
Taking up the two sections, the chief
Justice began consideration of th ' law,
promising to com later to it application
to the present case. H flrt took up th
common law, which dealt with the problem
raised by the Sherman anti-trust law.
By the reorganization of the Standard Oil
of New Jersey, the chief Justlca said that
there was prima facie evidence that there
wa an endeavor to control and monopolize!
that further investigation mad thl con
clusive presumption of an Intent to restrain
trade. He said only the question of remedy
remained for consideration.
Law and Reason.
Probably the most important decision of
law laid down In the opinion was that th
words in the statute "every restraint of
trade" are not to be literally construed,
but are to be construed in th light of rea
son. On this point the court held that the posi
tion of th government tht the uprsm
court had decided that any qualification of
thla phrase wa precluded by prevlou de
risions of th supreme court was erroneous.
Speaking of thla error of tho government.
Chief Justice White, In hi opinion said:
"This Is true because as th act which
may come under the classes stated In the
first section and the restraint of trade to
which that section applies are not specific
ally enumerated or defined, it Is obvious
that Judgment must In every case he called
Into play In order to determine whether a
particular case Is embraced within the
statutory classes and whether If the act
Is within such classes Its nature or effect
causes It to be a restraint of trade within
the Intendment of the act.
To hold to the contrary would requlr
conclusion either that every contract,
or commision of any kind or nature,
icr It operated In restraint of trade or
ma within the atatute, and thus the
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