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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 6, 1911)
The Omaha Daily Bee Cur Kagazina Features Wit, humor, fiction aid co.nl ptctarea the test of entertain, uient, lnttru-.tion. amassment. WEATHER FORECAST. Generally Fair VOL. XLI NO. 147. OMAHA, WEDNESDAY M OH NINO, DKCKMHKH C, 1JH 1-FOUHTKMN I 'AUKS. S1N0I.K COPY TWO CENTS. JUDGE BORDWELL CALLS STEFEEiNS Court Issues Public Statement that Bribery Revelations Brought ' 'Jiegotiations to Climax. WRITER'S CLAIM GROUNDLESS Tlans Were Initiated Before He Appeared on the Scene. SOUGHT TO PROTECT JOHN J. James B. McNamara Was Ready to Confess Long Ago. NO COMPROMISE IS INTENDED Doty of Conrt Would llnvr Ileen In performed had It Urrn Swayed , or Policy Favored by Pro f eased Anarch Int. DOS ANGELES. Cel., Dec. 5.-Judgo 'Wuiter Bordwell Issued a formal state ment lute today, giving his views as to the McNamara trial and especially as to what brought tibout Its termination. That statement follows: "In a spirit of Indifference to every thing In the McNamara cases, save the facta and the law applicable thereto, I deem It due to the court and to this community that I should make a brief publlo statement regarding the circum stances attending the abrupt close of these cases, together with sufficient ooin ment to indicate my views as to such circumstances. This Is done In the hope of correcting, if possible, some miscon ceptions due to erroneous publications and particularly to tin article which appeared in a local newspaper on the 22d Instant, over the signature of Lincoln Stcffens. "In the first place, the claim or. sug gestion that the termination of the cases was due to the efforts of himself and other outsiders -who undertook to Influ ence the officers of the court other than the judge-is without Justification in fact Claims tntrne. "I also wish to denounce the claims of that gentleman and of other persons for him that the change of pleas In this case from 'not guilty' to 'guilty was due to his effort, as groundless and untrue, lie la correct in the Btatement that the court was not a party to uny negotiations for what he termed 'a compromise' of these cases; but there is no ground for any claim that he induced the prosecu tion to come to an agreement In the matter. The district attorney acted en. tlrely without regard to Mr. Steffens and on lines decided upon before the latter Vfvearea. on the scene. "As to the defense. h on it that the developments of last week s to the bribery and attempted bribery of jurors l the James B. McNamara case were the efficient causes, of the cnaaga, 0f pla which suddenly brought , thesa caaes to an -end. The- district -attorney could have had James B. Mc- u,M.s pla or guilty long ago if he had been willing to dismiss the case against his brother, but he refused, In sisting that the latter was guilty and ahould suffer punishment. "The first propositions from those In terested in the defense were that James B. McNamara should change his plea f.om 'not guilty' to 'guilty on condition that he should not be sentenced to death and that hla brother should go free. The district attorney would not agree. "Afterwards emissaries from the de fense brought to the district attorney the Preposition that James B. McNamara would plead guilty and be sentenced to death If the court so ordered, providing that lils brother should be saved. But the district attorney still would not agree. Bribery Revelations taaar. "Those Interested In the defense contin ued to urge his acceptance of the last proposition for ten days or more, and until the bribery developments revealed the desperation of the defense and para lysed the effort to ave John J. McNa mara by sacrificing his brother. Then it was that the change of the pleas of these men was forthcoming. "The notion broached In' the Steffens article that the McNamara in the com mission of the crimes as confessed by them, are 'two heroes' is offensive-to common Intelligence and repellant to the conscience of all just men-to say nothing of the abhorrence of the law for uch sentiment; and I am confident that the (Continued on fecund Page.) The Weather Kor Nebraska-Generally fair; warmer In south portion. iner For Iowa Increasing cloudiness Temperature at Oinahu Vratvrtlay. Hours. 8 a. m.... a. m.... 7 a. in.... 8 a. m.... a. in.... 10 a. m.... 11 a. m.... 12 in 1 P. in.... 2 P. in.... S P. m.... p. in.... I', in.... P in.... 7 u. m Peg. .... 31 .... 31 .... 31 .... 31 .... 32 .... 37 .... 41 .... 45 .... 4:1 .... .... :, .... 54 .... ul .... 41 . --...,, o p. m aa 4i Comparative Loral Meeoril."' Highest yesterday M i 19' Lowest yesterday si 23 tf Mean tempeiature 42 2i 10 3,1 Precipitation OJ .13 .jj Temperature and precipitation tlepar t.es .ron, ilie normal: normal temperature i-.fceess for i..e. day Total exre.-- tinrs March Norml piecipitatlon Def lelerirv fur ilii .lv 3f 11 614 03 InrK . - vj men 1 (ilu un nil .in a Mu.ilt 1 .03 Inch Defic ency Bine. Ma.cn 1 15. Is Inches deficiency for cor. period. laiO.14.3i inchue Excess for cor. period, ljua 4.06 Inches Reports front Stations at 7 P. M. Station and State Temp. High- Ilp.ln- of vi eather. Cheyenne, clear I )a.Vell iMirt lludF 5 eut. fall. 52 ' .00 4 . 62 .00 60 ,v 4i .00 .m 64 .Ul 3 .0) M .0) 44 .ijo 4 .ft) ii .Oil M .0) 62 .00 ilon. . 4- ) !1 J enver, clear ! hi LVs Moines, clear 40 1-ander, cUa:- ti Nortti Plotie, part cloudy :i4 Orcaha. clear 4t Putblo, clear 41! Rapid City, lucdy 44 Malt I-ke. clear Kg rninia Ke, part cloudy 35 rtieriilan. cloiidy 32 Sioux City, c ear 44 k'almiiiie, part cloudy.... 41 THE NATIONAL CAPITAL. Tuesday, December B 111. THE HOUSE. lresldent'a message was read: Sugar trust Inquiry resumed by spe cial committee. Agricultural department Investigation centering on Dr. Wiley, was discussed by special committers. Report to be made within fortnight. Tariff program conference of the mem bers of ways and means committee called for Wednesday. ' THE SENATE. Lorlmer Investigation resumed with testimony for the dcfciire. Stephenson senatorial election Inves tigating sub-eommlUees probably will report to the full committee Just before Christmas holiday recess. Enforced publicity of trust affairs ad vocated before Interstate Commerce com mission by witness. Monetary committee decided to pre pare a bill carrying out Its concjis.on along line of the Aldrlch currency plan. Sonator Bmith turned back to the treasury S3.000 pay for senatorial serv ice while governor of Georgia, About IW recess nominations, mostly postmasters, army and navy officers, sub mitted by l'resldunt. Polndexter, (Washington) criticized court of commerce decision in Spokane rate case. Abrogation of ltttsslnn passport treaty proposed In a bill by Culberson, (Texasi and petition presented by Martlno (New Jersey.) Repeal of Canadian reciprocity pro posed In bill by Heyburn, (Idaho.) Adjourned 3:10 p. m., until 2 p. m, Thursday. Taf t Sends Word of Greeting to National Irrigation Congress CHICAGO, Pec. 5. Experts In irrigation from many of the western states and from a dosen foreign countries, including Mexico, Canada and Central and South America, and government officials Inter ested In the reclamation of arid and swamp lands, attended the opening today of the nineteenth annual meeting of the National Irrigation congress. The work already done and the prob lems srlll to be overcome In the I'nlted States were presented before the congress in these figures: Twelve million acres already Irrigated. Thirty-six million acres still to be Irri gated. Eighty million acres of swamp luntls to be reclaimed. "Drain the swamp lands and water the arid lands, and thus relieve the congested cities of their surplus population," was the burden of many speeches by experts who are to fill the program until ad journment Saturday. B. A. Fowler, presi dent of the congress, announced the re ceipt of .an ' encouraging, message from President Taft. President, Taft'a message to the con grees waa addressed to )sbam... Randolph, a waterw'ay engineer, and Is as foTlows: I have your letter of November SO. Though I shall have to be In Washington at the time tne nineteenth national 11 rl- fation congress Is In session In Chicago, am glad to take this means of assuring the friends of irrigation of my continued interest in the subject and my belief In the Importance of going forward without a halt In the work of bringing under cul tivation and making habitable by man the arid regions of the United States. I am strongly In sympathy with the gen eral purpose of the Irrigation congress, and earnestly hope that Its session this year may be fruitful of great good for the cause of Irrigation. With cordial greetings to the delegates who will be assembled, believe nie, sin cerely yours. WILLIAM H. TAFT. Hotel Quests Driven from Kooms by fire ST. JOSEPH, lec. 5. Fire of unknown origin which broke out at 12:30 o'clock this morning in an unoccupied room on the second floor of the annex to the Hotel Metropole, the city's second largest hotel, for more than an hour threatened iho destruction of the entire annex, but was finally p.aced under control after damage estimated at. several thousand uuiiais ban been dune. The f.ames were conilned to the annex. in which eitthty-Wnee guests were steep ing, and did not reach tho main part of me hotel. All of the guests got out without serious injury, although Miss Mary E. Nourse, M years old, a private deu'ouve and claim adjuster for the street railway company, was ko prostrated by the sight of the ilames across . the hall trom her room that her recovery Is despaired of. Miss Nourse was rescued by traveling men, who broke down the door to her rooiu, which she hurriedly locked when she saw the fire. Several persons were slightly injured by Jumping from second story windows, but grass In the courtyard broke their fall. Four o these were women. A num ber of rescuea trom upstairs windows were made by spectators and tlremen. rIAILWAY MAIL CLERKS NAMED FOR NEBRASKA WASHINGTON, Dec. 5.-(peclal Tele gramsThe following railway m.iil clerks have been appointed In Nebiaska: It. A. Faulk, tUrumsburg; O. E. Ml.ler, trattn; Leslie F. White, York; F. P. Babbitt, Uensun; M. E. Kulston, Lebanon; Uoy Whltcomb, Fremont. Iowa A. C. Proudflt, Clarinda; II. U. Ludke, Wuterloo; Boss 11. Heyden, Wapello; George T. Orace, Emmetsburg; Lloyd T. Lavls Dows. Postal saving's bunks will be established January S as follows: Nebraska Imperial, Palmer, Stanton. Iowa Lexter, McGregor, Montezuma, Prairie City, Wlnthrop. South Dakota Canustota, Illghmore. Rural carriers appointed: Nebruska Winslde, route 1, Thorns A Strong, car rier; no substitute. South Dakota Oarretaon, route 2, John II. Bobbins, carrier; no substitute. DENTIST GETS YEAR IN JAIL FOR HOLDING GIRL PRISONER SAN BERNARDINO. Cul.. Dec. B.lr A, W. McLUvItt, the dent'.st convicted of a statutory orfer.se in connection with the holding of Mirs Jeiste McDonald, a school girl, a prisoner in his office for sixteen months, today was sentenced to one year in jail, J.R M'iNAMARA IS (ilVEN LIFE TERM His Brother, James J., Who Pleaded Guilty to Dynamiting Iron Works, Gets Jriiteen Years. DESERVES MAXIMUM PENALTY Court Makes Some Remarks About Prisoner's Confession. BELIEVES MURDER INTENDED Clemency is Shown Oaly Because of Request of the State. TO APPEAR BEFORE GRAND JURY lloth Men Arc II x pee ted 4o tilir Inahle History of Pint to Panel WhlcU Will (oiillnar lavratlantlon. LOS ANCKLICS. Cal.. I v. fi.-Janies U. McN.imam. confessed murderer, was sentenced to life imprisonment here to day by Jt:de Walter Hordwell. Ills brother, John J. MrNiii.iara, secretary of the International Association of Bridge and Structural Iron Workers, who con fessed to the dynamiting of the Llewellyn Iron works whs sentenced to fifteen years In the penitentiary. Twenty-one persons lost their lives In the Times disaster. No one was killed In the Llewellyn Iron works affair. Imprisonment will be in San Quentin penitentiary. District Attorney John D. Fredericks appeured In court Just before 10 o'clock. At that time Investigator Brown was seurching everybody who-appeared, aided by seventeen policemen In uniform. Sentence was pronounced. In a court room full of cheery-faced spectators, whose chatters filled the room until the prisoners entered and trailed them across the Hrldge of Sighs when they left. The two brothers, side by side, received what the law and the court determined to be the Just return for what they confessed to have done. The extreme penalty for James B. McNamara was death; thai for his brother life Imprisonment, and District Attorney Fredericks urged that clemency be shown each man because of his plea of guilty and on account of "other services rendered the state." Deserves Maximum Penalty. James B. McNamara's plea that he In tended to kill no one wns scouted by Judge Bordwell. "You well deserve the maximum pen alty," said the court. "That that Judg ment does not extend Is not due to any extenuating circumstances, but It Is the wisdom of the court to do otherwise." This he practically reiterated to John J. McNamara, The sentences Imposed upon them, while seemingly widely divergent, are In effect likely to be Identical,. John J. McNamara is. 4o years old. . j-tia sentence with allowance for good be havior will take him well on the road to the sixties. That he will have any con siderable span of life after his prison years is not believed, but District At torney John D. Fredericks, who pleaded that as. a matter of state policy, the de fendants should not be forced to end their life In prison. Twenty-four minutes was the time oc cupied by the court proceedings. At the end of thai time, without speaking to anyone, tho McNamaias were led hank across the Bridge of Sighs. 'There is-nothing to gloat over In this." said Fredericks afterward. "1 shall have nothing to say beyond what I have ul ready said In court." Attorney Darrow and his assistants re fused to make any statement. Th Me. Namaras In the county jail asked Sheriff Hammel to be protected from visits from newspaper men. It Is not known today When lhpv will be taken to San Quentin penitentiary. The McNamaraa wern nnt Brvi nriti. summons to appear before the errand inrv at the time they were in court, although tills had been expected. It is certain, however, as anything can be that thev will. appear, and it Is known that the services rendered the state" referred in by District Attorney Fredericks are In a large part composed of admissions made by the brothers which will be made aain before the ...uerat grand Jury. Corridor la Parked. The corridor una packed with excited humanity. At five minutes before 10 n'rim.k 11, bailiffs cleared the court room, making a clean sweep except court officials. -j 10 oig aoors were swung open and the ouk tar held the crowd back. The rmu,.i gan to fret and additional uuilifta Were summoned to clear the hall. 'Hear yc. hear ye. hear ye!" cried i. bailiff at 16:2.1, opening court nn.l i. spoke Jialge bordwtll mounted tho bench. A liniment later Attorney riarrn... u Darrow. chief counsel for the dofon followed by Lecompte Davis and Joseph fcott entered. Behind them trailed tho .McNamuias. "Are you ready to proceed?' asked Judge Bordwell. Jumca II. McAaiuara's ' onfrsl4u. "The state is," said Fredericks, and read James B. McNamara's confession, ainld absolute silence. Tho statement said: "1. James . McNamara,, defendant In the case 01 the people. Slaving heretofore l-lcad guiity to the eiiniu of murder, de- ne 10 inaKe tuts statement of facts: ' And ti.in Is the truth: On tho nijjht of Meptembtr W, jyio. at j:40 p. ir... 1 p.aced in Ink alley, a poi tlon of the. 'iunes buildm:; a suit casv containing Mxleenih sticks of u oer cent cynuiiiite, set to explode ut 1 o clock the nexi nioinmg. it was my Intention to injure the building and sca.'e the owners. 1 uid not intend to take the life of any one. I sincerely regret that these, un fortuitate men lost their lives. If irivi.r of my ll.'e would bring them back, I wou.d gladly give It. In fact. In pleaulng fuilty to murder in the first degiee, 1 l ave placei my life In the hands of the state. (Signed.) "JAM ICS B. M NAMARA." "Is that statement correct?" "It Is," said McNamara. "Then the court finds." said the judge, "that the degree of guilt of the defend ant la murder in the first degree." "James H. McNamara, you may stand,' (Continued on Second Page.) 1 ' From .ho Washington Star. WILL REORGANIZE WABASH Financial Readjustment Determined on at Directors' Meeting. KUHN-LOEB BLCOMES FACTOR Introduction of firm Injto reorgan ised Cflupktr Melled hx Wall Street, to Have 'Special " Significance, NEW YORK, Dec. r.-"F!nanclal re adjustment and reorganization" of the Wabash railroad waa determined on at a meeting of the directors today. The announcement caused something of a sur prise, It having been generally believed that the reorganisation plan of the Wheeling & Lake Kile-Wabaih term inal roads would be accepted, thereby materially reducing the Wabush'a finan cial burden.' Wlnslow 8. Pierce, onoe a prominent figure In all Gould projects, returned to his early affiliations as chairman of the Wabash board and reorganization com mlttee, succeeding IS. T. Jeffery, who continues as a director. Other new ntcn in the board are Kdwln Hawley, who comes In not because of any Interest In Wabash, but as a practical railroad man; Kobert Goelet and Alvln W. Krech, presi dent of the Equitable. Trust ' company, which is trustee for the first and re funding and extending mortgage of the Wabash road. Kihn-l.oi'li IManaaera. One of the unexpected incidents of the proposed reorganization is the naming of Kuhn, Loeb & Co. as syndicate man agers. The firm owns the greater part If not all of the S,000,000 notes for which the Wabash is guarantor, but Its Intro duction into the reorganized, company is believed in muny Wall sireet quarters to have some deeper significance. Relations between Kuhn, Loeb & Co. and the Goulds have not been especially friendly since the unexpected withdrawal of the bankers from Missouri Pacific financing carry In the year. Although one of the leadlug interests In thu Wabush reorganization is au thority for the stutement that the re adjustment will not Involve receivership, that point Is yet to be settled. It will not lie, decided until thoso who (ire to assumo control of tho property have mude a cartful examination Into Its phy sical mid fitiainlal conditions. l-emi-annual interest on about III.OuO.OoO of I per cent rcfitti'llng bonds fulls due on Januiiry 1, l!l?. Fatally Wounded By Rebound of Shot IOWA CITY, la., Dec. 6 -(Epe lul.) Joscph Pcsetia, a young farmer, was shot In the eye and brain by his employer, Henry Jens, when the latter shot and killed a rabbit. Although Pesenu was fifteen fett out of the line of the dis charge the shot reboundtd from a hidden rock and bored through his eye. Death Is probable. MONTANA POLITICIAN WEDS YOUNG CHICAGO WOMAN CHICAGO, Dec. 6.-A dispatch of the Associated I'resa Saturday stated that William M. McDowell of Butte, speaker of the Montana house of representatives, had married In this city Mrs. Mary D. 'Fates Eturges, divorced wife of Kolomon Etutges. This was an error, caused by the similarity of names. Hpeaker Mc Dowell did marry Mrs. Kdward Hem;er Hturges. daughter 01 the late l-af.ivdte Mc Williams, a former partner of Mar shall Field. Mrs. McDowell is no relation of Mrs. Holonion Piuiku. The marriage tooic placa at the home of Mrs. Mc Dowell's mother on tht, south side. A Reminder Italians Capture Turkish Oamp and Drive Army Inland TRIPOLI, Dec. S.-A foroe of 20.000 Italians yesterday attacked and occupied the Turkish military camp on tha Oasla of Atn-Zara 'after a aevera battle,, in which-- both sldea are reported - to' Have lost heavily. The regular Turkish troops, assisted by Arabs, defended the settlement bravely, but were forced to retreat to the Interior, abandoning eight cannon, many tents and a quantity of provisions. The battle opened with a heavy bom bardment by the fleet, under cover of which the Italians advanced to the at tack. The Italian headquarters staff asserts 'that the battle was a decisive one for the possession of the country, as It almost entirely clears tha oasis around Tripoli and forces the Turks from the coast and away from their bases of supplies. BENGHAZI, Tripoli. Dec. 5.-The Arabs made a surprise attack last night on the Italian position. They were re pulsed with heavy loss. The Itullans had eight casualties. Indictment Against E. G. Lewis Quashed by Judge Trieber ST. LOUIS. Dec. G. United Mates Dis trict Judge Jacob Trlober today quashed the Indictment against K. U. Iewls, charging him with using the malls to defraud, and upheld the pleas In abate ment filed by the attorneys for Harry M. Coudrey and the other defendants In the twin Insurance cases, except Harry L Gardner. Bourne Drafts Bill for Parcels Post WASHINGTON. Dee. 6.-With the end In lew of supplying a basis for the Work of the. coimiiltteo on poftoff Ices und post roads. Henator Jonathan Bourne noon will liitioducii a bill lirovldlng for a par rels post syHtem. The heusure will au thorizo an increase to eleven pounds In the size of fourth class mail packager from . tha present maximum of four pounds, and at the same lime provide for a diminution of charges from tho present rate of one cent an ounce. Pound packages will be carried for 10 cents, with an addition charge of four cents for euch additional pound. For the smallest package provided for, weighing eight ounces,' there wlfl be a charge of G cents. In cases In willed the package does not go beyond the rural route on which it originates tho charge will be reduced one-half. Wickersham Taken Suddenly Sick WASHINGTON. Dec. 5.-Atlorney Gen. eral Wlekerham was taken suddenly III while attending the cabinet stssion today. Dr. Delaney, President Taft's physician, was summoned from the War depart ment. Mr. Wickersham was reported not to be in serious dunger. POPE RECEIVES FARLEY . IN PRIVATE AUDIENCE IIO.MK, Dec. 6. The pope toilay received la private audience Cardinal Farley, who afterwards presented his suit. Curdlnul Farley also introduced several American newspaper men, altogether ubout thirty peicons, PACKERS ARE REFUSED STAY Supreme Conrt of United States Re fuiei to Delay Trial. CASE AT CHICAGO MUST PROCEED Indicted Men Aake4t Postpoaeasent Until tUher Conrt Coal Pass '' 1 von Coaatladaaal (laea ' tlon Raised. WASHINGTON. Dec. J.-The supreme court of the United Ptates today refused to grant a stay of the beef packers' trial In Chicago until tha court would be able to puss on the constitutional question raised by tha packers in habeas corpus proceedings. Wichita Man Dies at Steering Wheel While Auto is Going WICHITA, Kan., Dec. 6. Benjamin A. Marshall, a real estate dealer, 111 years old, died at the steering wheel of his motor car here today while leaving for a trip to Mulvane, Kan. Marshall's life less hands gripped the steering wheel and the cuj- pushed over the network of trucks at the railroad grade crossing on Douglas avenue, tha city's main street. II. K. Osborn, who rode In the rear ieat of Marshall's car, observed that Marshall's body was leaning on the steering wheel and that the man waa dead. Osborn stopped the car aa It collided with a telephone pole. Women Survivors of Waist Factory Fire Mob Proprietors NKW YOKIC, Dec. 5.-A mob of 300 women, survivors of the triangle waist fire,' in which 14i girls lost their lives, attacked Isaac Harris and Max Blanck, proprietors of tho waist factory, when the men appeared in court today to stiiHl tiial for alleged manslaughter. The police reserves were called out. With torn clothing and disheveled hair the defendants were finally released and escorted under heavy police protection to the court room. The women had been summoned as witnesses. Classmate of Taft Dies in Sioux City HIOUX CITY, la.. Dec. 5.-Speclal Tel egram.) H. II. Stone, only son of the iata J. titoiie and one of the richest men In Sioux City, died this morning after yearj of Illness of rheumatism. Ho was a, class male of President Taft at Yale. FIGHT FOR LOWER RATES TO FAIRS IS STARTED CHICAGO, Dec. 6.-A fight for lower ailroad rates for the benefit of farmers and exhibitors was begun at the meet lug of the American Association of Fairs here today, when lie committee on transportation asked for the use of what e'er money there was in tha treasury. Charles F.. Cameron of Alta, la., is piesidetit of the association. Nomination Sent lu Neuate, WASHINGTON, Dec. (.Together with a lurgu number of appointments an n.iuiH ed during the recess of congress 1'rerldent Tuft today sent to the senate the nominations of John W. Garrett of Maryland as minister to Argentina and Hint of Frederick 11. Mugdhurg of Wis (ciislu an nation agent at Milwaukee. TAFT WRITES ON TRUSTS AND THE COURT'S RULING President's Message to the Congress Deals with Single Topic of Restraint of Trade. WHAT THE COURT DECIDED Scope and Effect of Orders Set Out Definitely. WHERE THE LAW IS DEFECTIVE Points that Call for Amendment Suggested to Congress. WHAT HAS BEEN ACCOMPLISHED Good that Has Come Through the Law's Operation. CONTROL OF THE CORPORATIONS Steps that fthoulil lie Taken to Se cure llettrr llcnolatlon of Com. Iinnles Formed for Inter state Unalnene. WASHINGTON, Dec. C President Taft sent to congress at noon today the first of a series of messages he has arranged. This one deals entirely with tha trust question, recounting what lias been achieved tinder the Sherman law and aug- . gestlng additional legislation. The mes sage is as follows: "This message Is the first of several which I shall send to congress during tha Interval between tho opening of Its regular session and Its adjournment for the Christmas holidays. The amount of Information to be communicated as to the operations of the government, the ' number of Important subjects calling for comment by the executive and the trans mission to congress of exhaustive re ports of special commlsslolia make It Im possible to Include In one messuge of a reasonable length a discussion of the topics that ought to be brought to the attention of the national legislature at Its first regular session. Kupreme Conrt Derisions. , "In May last the supreme court handed down decisions In the suits In equity brought by the United States to enjoin the further maintenance of the Standard Oil ti 411 d of th American tobacco , trust, , Ui fecure their dissolution. Th-" decision)! nc epoch-making and serve to affvtse tLu. business world authoritatively Of .. -.jpa and operation of the anti trust act of 18P0. The decisions do not depart Ut any substantial way from tha previous de6lslons of the court In con strulng and applying this iriiportant statute, but they clarify those decisions by further defining tha already admitted exceptions to 'the lltnrnlconstructlon of .the aot. By the decrees' they fnrntslv a useful precedent aa to the proper method of dealing with the capital and property of Illegal trusts. These decisions sug gest the need and wisdom of additional or supplemental legislation to make it vaster for the entire business community to square with the rule of action and legality thus finally established and to preserve the benefit, freedom and spur of reasonable competition without loss of real etllclency or progress. So Change In the Hale of Decision. "The astute In Its first section declurej to be Illegal 'every contract, combination In the form, of trust or otherwise, or conspiracy. In restraint of trado or com. inerce among the several states or wltlt torclgn nutlons,' and In the second, de clares guilty of a misdemeanor 'every person who shall monopolise or attempt, to monopolise or combine or conspire with any other person to monopolise any port of the trade or commerce of the several statea with, foreign nations.' "In two early cases, where the statute waa invoked to enjoin a transportation rate agreement between Interstate rail road companies. It waa held that it was no defense to show that the agreement as to rates complained of was reasonable at common law, because it was aald that the statute was directed agulnst all con tracts and combinations in restraint of trade whether reasonable at common law or not. It was plain from tho record, however, that the contracts complained of In those casea would not have been. deemed reasonable at common law. In subsequent cases the court said that the . statute should be given a reasonable con structlun and refused to Include within its inhibition, certain contractual restraints of trade which it denominated as inci dental or as Indirect, "These cases of restraint of trade that the court expected from the operation of the statute were Instances which, at com mon law, would have been called reason able. In tho Standard oil and tobacco cases, therefore, the court merely adopted the tests of the common law, and lu de fining exceptions to tho literal application of tho statute, only substituted for the test of being incidental or indirect, that of being reasonable, and this, without varying In the slightest the actuul scope and effuct of the statute. In other word, all the cases under the statute which (Coi.tliiucU on Filth 1'uk Christmas gifts for want ad readers Uy reading the want ads every day, you 'may find your name among the want ads telling you that a gift is waiting for you. N'o puiitles to solve nothing to do except to call at The Bee office when your name appears. There are other prises than those 'res gifts on tha want ad pages. , You may find your op portunity in the way of a situa tion, a bargain or valuable in formation. It la a good habit to read (he want ad pages every day. Dalzell's Ice Cream Bricks Loxes ol O'Brien's Candy 1