Newspaper Page Text
8,061
Daily Average
Circulation for June
VOLUME XIII., No. 203.
Circuit Court Reverses Judge Landis
And That 529,240,000 Line is Off
Judge Grosscup Scathingly
Rebukes Landis and. At
tacks Fairness of His
Tribunal in Standard Oil
Case.
CHICAGO—The United States cir
cuit court of appeals today reversed
the famous decision of Judge Kene
•u" M. Landis In which he fined the
S' ndard Oil company of Indiana $29,-
240,000. The case Is remanded to the
lower court for a new trial.
The decision of the court, composed
of Judges Grosscup. linker and Sea
man. was a scathing arraignment of
Judge Landis, In which it was asked
It the court believed himself above
the law in Imposing a fine that would
fall on the shoulders of the mother
corporation—the Standard Oil com
pany of New Jersey—when the Indi
ana corporation alone under the law
could be held responsible.
It seemed to be the Irony of fate
tha' Judge Gross*dp should have wrlt
ten the decision of the upper court.
He not only wrote the decision, but
read the decision to the watting
throng In the court room. Judge
Grosscup and Judge Landis have not
been the best of friends for some time
as a result of a certain statement
made months ago by Judge Landis
concerning federal Judges who talk
puhllciy on matters which might come
under their judical attention.
When the three Judges took their
•eats on the bench the court
room was crowded to the doors. John
S Miller, Rockefeller's famous $50,-
fun lawyer, was present to represent
the oil trust. He- was accompanied
by Attorney Moritz Rosenthal and
several other Standard Oil lawyers.
District Attorney Edwin Simms ap
peared for the government.
JUDGMENT
REVERSED.
All that occurred In court was the
reading of the very last parp-raph of
the d clslon. Judge Grosscup read
ft as followa:
"The judgment of the district court
Is Reversed and the case remanded
wl< ' Instrucilons to grant a new trial,
and proceed further In accordance
with this opinion.”
That was all. and court adjourned.
Immediately District Attorney Simms
held a conference with Mr. James
Wllkrrson and decided to rush the
Case to another trial in the fall.
"We cannot appeal the case," said
Mr. Simms, "but after a careful read
ing of the decision, we find we can
get a new trial at once. That is
what we will do."
Not only did the upper court find
fault with Judge !>andis' method of
fining the trust, but criticised him
for his manner of deciding the num
ber of counts left In the Indictment
upon which a trial should be had. The
•ovenunent contended that each
count was an offense. The upper
court held differently on that.
The arraignment of Judge Landis
begins with the taking up of that mat
ter Here Is what the court said:
'The number of offenses in the
present case should have been as
e< Haloed In accordance with the
principles (the transaction of grant
. * a rebate as a transaction must be
e, .rely consummated before It Is an
offense)
LANDIS IS
SEVERELY SCORED.
The measure adopted by the trial
f'tort «u wholly arbitrary—had no
hasla In any Intention or fixed rule
diaeoverab In tiie statute. And no
other way of measuring the number
of offenaea aeeraa to have been given
a thought either by the government
or by the t,.il court."
The court then gne* into the find
ing of the trust by Judge L>and!s. In
this came the words which are taken
as a direct criticism of one of the
moe' remarkable decisions ever ren
dered b> a district Judge.
"This brings us. then, to the last
ques'lon,' the decision reads. "Did
the court. In the fine Imposed, abuse
Its discretion?
' ttrtefly stated, the reason of the
trial court for Imposing this sentence
•as because, after conviction and be
fore sentence. It was brought out. on
aa examination of some of the of.
firet-s and stockholders of the Stand
ard Oil company, of Indiana, that the
capital stock of the Indiana corpora
tion, the defendant before the court,
was principally owned by the New
Jersey corporation, a corporation not
before the court—the trial couri add
tag <upon no evidence however, to
be found in the record, and upon no
Information specifically referred to)
that in concession* of the character
for which ’he defendant before the
court had been Indicted, tried and
convicted «h« New Jersey corpora
tion was not a virgin offender.
QUESTIONS
ARE SCATHING.
Is .sentence such as this, baaed on
r'ss'wlng such as that, soud? Pass
lea over the (j*t that no word of »rl
<«•» re or ti,% mfosmatlon supporting
tec *rla courts comment is to be
found in the record, would the com
a I* duly proven, Justify s sen
i«nce such aa this—on* that other'
• ould got have been Imposed'
Pen • court, without abuse of Judl
ftat d’srre'lon wipe but all the prop
erty of the defendant before the
Mart and all the assents to which
ha creditors ,ook In aa effort to reach
THE AUGUSTA HERALD
President's Yacht Ran Down
and Sank Schooner In Fog
NEWPORT, R. I.—President Roosevelt arrived here at 9:45 o'clock
today after an exciting night upon Long Island sound from Oyster Bay
in his private yacht Mayflower.
In the darkness and fog last night the Mayflower ran down and sank
a schooner. The crew were saved by the crew' of the Mayflower and
later set ashore. The accident did not delay the president's yacht to
any great extent.
Last night was very murky and the boats In the sound were care
ful to keep their sirens hooting with an incessant din. The Mayflower
was bowling along through the mist, showing a clean pair of heels to
the other craft when the schooner suddenly loomed out of the dark
ness. In spite of all the endeavors to prevent a collision, the prow of
the president's boat caught the schooner fairly and rent hor almost in
two.
The president expressed his regrets and questioned the crew to as
certain the responsibility.
SHIP DESIGNERS
CONFER AT
NEWPORT
NEWPORT, R. I.—With the arri
rival of President Roosevelt here to
day there began at the naval war col
lege the most important conference
of naval officers, affecting the future
construction of American battleships
and cruisers In the history of the sea
fighting establishment. Today's con
ference over, consisting of one hun
dred officers of the navy, together
with a large representation from the
army, was addressed by President
Roosevelt.
The president afterward discussed
the merits of the various plans with
the officers and recent criticisms
upon American naval construction.
He spoke extemporaneously. Most of
his remarks were public, but any
thing of a confidential nature was
reserved for an executive conference
with the officers actually concerned.
Definite solution of any one prob
lem is not expected today. Regard
less of the e<i»sensus of opinion of
boards now here, the whole problem
of warship designs will be referred
back to the war college and the board
of construction at Washington for de
termination, with President Roosevelt
as final arbiter.
and punish a party that is not before
the court —a party that has not been
convicted, and has not been tried,
has not been Indicted even? Can an
American Judge, without abuse of
Judical discretion, condemn any one
who has not had his day In court?
"That to ouf mind is strange doc
trine In Anglo-Saxon jurisprudence.
No monarch, no parliament, no tribu
nal of western Europe, for centuries,
haa pretended to have the right to'
punish except after due trial under ail.
the forms of the law. Can that, right
fully be done here, on no other basis
than the Judge's personal belief that i
the party marked by him for punish- ■
ment deserves punishment? If so, It i
Is because the man who happens to
be the Judge Is above the law.”
in another place the court says
this: "The defendant Indicted, tried
and convicted was the Standard Oil
company, of Indiana, The capital
stock of this company is $1,000,000.
There Is nothing In the record, In the
way of evidence either before con
viction, or after conviction and before
sentence, that shows that the assets
of this corporation were In excess of
91,000,000. There is nothing in the
record that shows that the defendant
before the court had ever been guil
ty of an offense of any character. It
may thus be safely assumed that but j
for the relation of the defendant be
fore the court to another corporation
not before the court (the Standard
OH trust) a relation to be presently 1
stated —the court would have measur- j
ed out punishment on the basts of'
the facts stated.
SENTENCE
IS TOO SEVERE.
"That under such circumstances the
punishment would have been the
maximum sentence, put Into execu
tion against the defendant before the
court, would wipe out, many times,
and for Its offense, all the property
of the defendant. If put Into exe
cution, the maximum sentence would
add to the liabilities of defendant to
Its creditors (and according to a peti
tion of the government In the matter
of supersedeas, there were current
liabilities of Dom three to five mil
lion) an additional liability of twenty
nine million two hundred and forty
thousand dollars, resulting without
doubt In a condition of kMktWptei
that would deduct from every credl
tor's share of the assets to be divid
ed s sura running from fifty to near
ly one hundred per cent of the mon
•y such creditors advanced.
"Is the defendant to be thus punish
ed’ Are the creditors to be thus
punished’
"Indeed, that the sentence was riot
Imposed on the basis of the facts Just
stated respecting the defendant be
fore the court, but was Imposed
»holly because of other facts, wholly
outside the record. Is disclosed by
the reasons set out la connection
with the sen •.once."
Forecast so r Augusta and Vicinity— Fair tonight; Thursday probably showers.
AUGUSTA, GEORGIA, WEDNESDAY AFTERNOON, JULY 22, 1908.
DEPOTS BURNED
BY NIGHT
RIDERS
HOPKINSVILLE, Ky.—Because the
Illinois Central Railroad company
had permitted a detachment of sol
diers to encamp on their right of
way at. Cobb, in Caldwell county,
night riders early this morning burn
ed the depots of the company at
Gracey, In Christian county, Crulln
Springs, in Trlggs county, and Otter
Pond, in Caldwell county.
The presence of the soldiers at
Cobb protected the dopot there. The
destruction was accomplished in eaca
Instance by small bodies of night
riders.
FOOLISH WORKER
BLEW UP ELEVEN
OMRS
HAGERSTOWN, Md. —A premature
explosion of dynamite, which occurred
whip- workmen were preparing a blast
at the improvements of the Gunther
land Valley railroad, near Scotland,
caused the loss of three lives and
others were so seriously injured they
may die.
The d«#d:
Michael Malloy, powder man.
Edward Butler, colored, assistant.
John Loudon, colored, helper.
The Injured:
Daniel Erhart, left leg broken; cut
about head.
Fred Docterman, leg broken; hurt
about shoulder and head.
C. H. Johnson, lek broken and in
jured about head.
H. L. Carbaugh, back and head se
verely injured.
William Meyers, feet crushed.
O. R. Boyne, left leg broken and
otherwise Injured.
Joseph Stine, miner bruises about
the body.
S. O. Llghtfoot, hand injured.
Malloy used a long iron bar in
stead of the wooden Instrument usual
ly employed to tamp the dynamite In
a hole drilled in a rock. The explos
ion was terrific. Malloy was killed
Instantly, as was Butler. Malloy's
body was hurled high In the air I,ou
don died In the hospital at Chambers
burg, whp-e the Injured were re
moved on a special train. An Inquest
will be held.
Witnesses In Gould Divorce Suit
Spent Night In Cell At Tombs Prison
NEW YORK —Mrs. Julia Fleming,
who. with Mrs. Hen Teal, wife of the
stage manager, and Harry 8 Mousiey,
a private detective, was arrested, ac
cused of subornation of perjury In
connection with the divorce suit filed
by Helen Kelly Gould against Frank
•Jay Gould, spent the night In a cell in
th- Tombs prison and today was In
a state bordering on collapse.
Mrs. Teal was locked In a cell near
ly four bouts before her husband sue.
reeded In getting 15,000 ball for her,
and when she left the prison, shortly
before 9 o'clock last night., she too,
was hysterical and weak from sob
bing. Mrs. Teal's ball was furnished
When Bees Stung Cow She Overturned a
Wagon and Man Was Thrown
Out and Killed
NORWICH. N T.—Kleber Curtis,
a young man residing at Oxford, Is
dead as a result of Injuries received
by him two days ago following a i>e
cullar chain of accidents
While working In a hay field, he
sprained his ankle. He was invited
to ride home by a farmer who w*a
BISHOP POTTER
IS DEAD AT
FERJLEjGR
Passed Away From Em*
holism in Leg Following
Long Attack of Liver and
Stomach Trouble.
NEW YORK.—The body of Henry
C. Potter, seventh Protestant Episco
pal bishop of the diocese of New
York, who died last night at his sum
mer home in Cooperstown, N. Y.,
probably will be brought to New York
today, and funeral services will be
had In Grace church.
Bishop Potter died after an Illness
of several weeks. He was uncon
scious during the last two hours of
his life, and the end came peace
fully.
Death was due primarily to embol
ism in the right leg, following a lonff
attack of liver and stomach trouble,
and the end had been foreseen for
several days by the bishop’s phy
sicians.
HIGHWAYMEN
GOT 129,000
INJISH
Two Men Held Up Singe
Coach and Lifted Strong
Box Near Likely, Nevada.
RENO, Nev.—The details of the
hold-up of the Likely and Alturas
siege near Likely about midnight
Monday night have just been received
here. Two masked highwaymen se
cured the express strong box, which
contained about $2J,000 for pay rolls
of construction crews of the Novada-
Oallfornin-Oregon railroad, besides
money for the monthly pay roll on
several of the largest stock farms In
Modoc county.
The stag., left Likely at midnight
and the express agent accompanied
the driver on account of the great
amount of money In the box.
The two masked men were heavily
armed and stepped from the sage
brush Into the road about five miles
from Likely. They did not molest
the passengers, hut demanded the
agent to throw off the box, evidently
knowing that It was loaded with vain
ables. After the holdup they mount
ed their horses and carried the box
with them for about a mile before
opening It,
Pohbph from Alturas are on the trail
of the bandits. They have tracked
them over the Nevada state line amt
think they will attempt to make their
escape on the Southern Pacific east.
MURDER MYSTERY IN NEW YORK
NEW YORK. A pretty jroOßg wo
man, apparently 24 years old, neatly
attired and of refined appearance, was
shot and instantly killed in Irving
Squire Park, Brooklyn, early today
bv a murderer who escaped. Every
possible means of Identification had
been destroyed by the assassin save
* allver handled umbrella whleh bears
the name of a New York department
store.
by Mrs. Ida E. Stein, who went to
the prison with a part' - of actors and
actresses To all of them Mrs. Teal
declared her Innocence.
Mousiey was the only one of th
trio who escaped being In a cell
When his hall was fixed at
David Miller, a real estate broker,
of No. 459 West Forty-third street,
came forward and went nurcty for
him
The examination of Mrs Fleming,
Mrs Teal and the detective Is let
for Friday, and unless some one
rani's to Mrs. Fleming's aid with
thi necessary bond she must lan
guish In prison.
• leading a cow behind the wagon A
small dog accompanied the team The
dog, playing In the field, ran Into a
bees nest and sought the shelter of
the wagon The bee* followed the i
dog and stung the cow The cow bolt- j
cd and overturned the wagon
Curtis was thrown out, sustaining ,
a fractured skull.
Bishop Henry Cod man Potter ,
Who Died Early Last Night
Henry Codman Potter was born In
Schenectady, N. Y., May 25, ISK4.
Ho was the son of the Rev. Alonzo
Prt'op who was consecrated bishop
of Pennsylvania in 1845 and nephew
of the Rev. Horatio Potter, who was
elected provisional bishop of the dio
cese of New York in New York la
1854 and who heroine hlslmp of New
York In 1881. Being thus practically
horn In the church his early thoughts
at o .re turned to the priesthood and
with the examples of Ills father and
uncle before him he was Incited to
keep up the record they had made
in the ministry.
Bishop Potter was educated at the
Episcopal Academy In Philadelphia,
and later graduated at the Theologi
cal Seminary of Virginia, with the
class of 1857. Universities through
out the world have taken pleasure In
conferring honors upon Bishop Pot
ter and he received honorary degrees
from the Universities of Cambridge
and Oxford, England, and from Har
vard and Yale in this country.
Immediately after his graduation
Bishop Potter wns ordained deacon
by his fattier and In the following
year was ordained priest by Bishop
Bowman. He was given charge of
Christ, church, Greenshnrg, Pa., from
1857 to 1800. and was then given the
rectorship of St. John's church, Troy,
N. Y., which post he held until 18(lf>.
He then received the position of as
slstant rector at the Trinity church,
Boston, where tie remained for two
years, leaving there to berotnn the
rector of Grace church. New York
City. During this time he was offer
ed several Important clerical and
profesaionul positions, Imbuing the I
CHEMICAL PRESERVATIVES
ARE RUINOUS TO HEALTH,
N/4 YS EOOO EXPERT WILEY
Benzoic Acid nittl Benzoate
of Soda Produce Serious
Disturbance of Metabolic
Functions, is Finding of
Series of Experiments.
WASHINGTON, !> G. Dr. II W.
Wiley has tritide public the results
of his experimerf* with a number of
young men who were fed with foods
In which benzole acid nml benzoate
of soda were used as preservatives.
Dr. Wllev states ituit benzole acid,
either ai such or 111 the form of lien
zoale ol (oda, Is highly objectionable
and produces a erioti disturbance of
the metabolic functions, attended with
Injury to digestion and health. The
symptoms attending urc Irritation,
nausea and headache.
"Results of these Investigations
have shown," says Dr. Wiley, “that
tnere Is not a single article of food
which has been commonly preserved
bv means of benzole add or benzoate
of soda, which cannot be preserved
and offered to the consumer In perfect
condition without the aid of any
chemical preservatives, ini* fact has
been completely demonstrated In the
rase i f cider* and grape juice, mince
meat. Jelly, Jams catsups preserves
atid other articles of the name char
acter,
BETH BULL OC K TO
ACCOMPANY TEDDY
TO AFRICA
COLORADO KI’RINGH, Col The
famous frontier peace officer, Hoth
Hnllock, now marshall of Houth Da
kota, hits been Invited to accompany
President Roosevelt on his hunting
for big game in Africa next year.
To say lha' Mullock, who Is here
In attendance on the conference of
republican committeemen, Is pleased,
would be putting It. mildly.
It Is declared that be not only has
a liking for a Job of this sort, bill
he Is qualified In every way for the
posit! n.
DAILY AND SUNDAY, $6.00 PER YEAR.
bishopric of lowa, hut ho declined
them all as lie felt that his fluid was
In New York.
In 1882 he was appointed assistant
bishop of the diocese of York lo as
slst. Ills uncle. Bishop Horatio Potter.
Ills services as rector of Grace
church came to an end In 1884 and
from that time he devoted Ills time
to the duties of the Episcopal
church. On the death of Ids uncle, In
January, 1887, he waa elevated to the
headship of the See of New York,
whlrh post he occupied until the day
of his death.
The late bishop was twice mar
rled Ills first wife was Elizabeth
lingers Jacobs and Bishop Potter met
her in Greenshnrg, Pit., where he had
Ids first charge. They luul five chil
dren, four girls and one son, Hie lat
ter named after Bishop Potter's fath
er Mrs. Potter died on June 29, 1901,
at their home at 10 Washington
Square, North, New York.
Bishop Potter's second marriage
was to Mrs. Albert Corning Clark, of
Cooperstown, N. Y. The wedding
was a very quiet afalr and since the
marriage Bishop Potter lived a very
retired life, alternating between the
New York and Cooperstown homes of
his bride It was known for Homo
time that the bishop wiih In poor
health, but It was not known that he
was seriously til until It was an
nounced In May lust that he would be
unable to attend the funeral of the
late Rev. Morgan I)lx, motor of Trin
ity church. Shortly after the funeral
of the dead rector (>r Trinity Bishop
Potter was removed from his home at
Riverside Drive and Eighty ninth
street to Cooperstown, whor ( . lie re
mained until the day of his death.
LUSITANIA BREAKS
ANOTHER RECORD
Clip* OIF the Queenstown
Run in Three Hour* Leas
Than Last Run.
MVERPOOb. The Cunnrd 1100
steamship l.usltanla lias broken her
eastward record to Queenstown over
the long course. Her time In transit
on her latest voyage was live days
and il7 minutes, and her average rate
of speed for the entire distance was
24 32 knots an hour.
Her bent previous run, 5 days, 3
hours and 31 Inmutoa was made at
lan average of 23 77. ■
The l/iisltanln Is still 32 tnlnuf.es
behind the record made by the Maur-
In nils on this course, namely, 5 day.l
and 5 minutes, at an average speed
of 24 42.
A Shrewd Advertiser.
A young woman from Indianapolis Inserted the following ad
vertisement In a Chicago newapaper:
"I want to lie somebody’s stenographer or bookkeeper; not h!s
sweetheart I have been In Chicago three days answering want,
ads, and I’ve had more chance* to be 'somebody's darling' than
I ever knew existed. If there Is a marl In Chicago who needs help
and would rather have a girl attending to business than making
goo-goo eyes, I should like to hear from him, I already 'have a
sweetheart of my own,"
Almost Immediately there came no less than one hundred re
plies If she has not accepted one of the positions offered she
is still receiving offer*. The coup, In connection with the bright
ness and originality of the advertisement she hnnded over the
counter, calls attention to the value of brains to peraons who
would sell wares or taler.ta or Industry through the columns of
the press It Is not the largest, but the best-written, advertise
ment that brings the surest return, and "ad" writing has become
almost as much an art, as the writings of literature,
Because she had the wit to write a striking advertisement the
Hoosler gtrl has a choice between one hundred posltllons, while
stenographers who advertised in the routine manner are still
awaiting replies.
8,061
Circulation for Juna
Daily Average
GOMPERS IS OUT
IN DEMOCRATIC
EIITDRIAL
Telia Union Labor It's
Duty Is To Vote Dem
ocratic Ticket As Matter
of Conscience.
WASHINGTON In advance of pub
lication In the Federatlonlst, the news
paper organ of the trade unionists,
President Gotnpers, of the American
Federal loti of Labor last night libe
rated the proof sheets of a demo
cratic editorial that, will appear In
the August Issue of the paper.
There tsc three double columns
of it, much of (be type being used In
quoting the written demands that
Mr. (lumpers and Ills associates made
on the republican and democratic
conventions for insertion In their
party platforms. Stress Is laid on
the anti-Injunction planks of both con
ventions which are quoted, analytical
comments by Gotnpers being added.
While avowing an Intention "to de
liver the labor vote" Gotnpers ex
presses tile opinion that the worker
will have to answer to bis fellow
workers us well as his conscience If
Ills action Is contrary to the politi
cal course that Is pointed out fer
him.
An argument Is submitted with tho
Intention of proving that the republi
can parly Is the enemy, and the dem
ocratic party the friend of labor, and
It concluded with a call to the work
ers to defeat their enemies for all
offices, presidential, legislative and
judicial.
ONE IS DEAD AND
TWO ARE DYING
Tramps Kill Young Man.
One id Then Killed By the
Other, Who Then At
tempt* Suicide.
JOHNSTOWN, Pa One dead and
two dying Is the result of the vicious
ness lust night of two tramps at
Nanty (Ho. 25 tulles north of th 1 h
place. In the Black Lick county. The
tragedy occurred at. 10:15. when one
of the hoboes shot 21-year old Her
licit Bland, son of Constable Bland
The tramps were later found, one of
them shot In Ihe heart, end the other
uiieotiHrlotis with a bullet wound over
the heart.
The tramps were followed along
the trucks by a posse to the Web
ster coal mines, where they were
found stretched on the ground. It Is
thought the tramp who shot Bland
wns accused tiy the other and that
In the quarrel that, ensued one Of the
two shot Ms companion And then
turned the revolver on himself.
JOHN MITCHELL BUYS
LARGE TRACT
OF LAND
Former President of Mine
Workers’ Union Makes
Big; Investment.
NWW i tit IJK A NH, I.a. —John Mit
chell, former president of the Mine
Workers of America, has purchased
a large body of the newly opened
land on lower Bayou LaFourche.
Mitchell came all the way here
from Chicago to examine the land,
which Is purchased, It Is said, for the
union, and upon which a number of
the miner* will settle. The land Is
all rich, near the gulf, and In the mat
ter of climate, perhaps the best on
the gulf coast.
LIVE WIRE KILLS THREE.
ALTOONA, Pa—While a fire rag
ed here last night, eventually destroy
ing the Kline building In Sixth ave
nue, occupied by Huffman Kngela’
general merchandise store and 12
Italian families, mree were killed by
coming In contact with electric wires.