The citizen. (Honesdale, Pa.) 1908-1914, May 05, 1909, Image 1
ittwti J? Scml-Wcckly Founded! aeiefe(OK5KJietee(OK)i5(e3fc Wayne County Organ of the 1908 x Weekly Founded. 1844 REPUBLICAN PARTY &iomoioieiefti 66th TEAR. HONESDALE, WAYNE-CO., PA., WEDNESDAY, MAY 5, 1909. NO. 36 COAL ROMS WIN. Government Is Beaten on Commodities Clause. HEPBURN LAW CLAUSE NULLIFIED Contention of United States That It Applies to Ownership of Stock Is Declared Un tenable. Washington, May 4. It has been ninny a ilny since a decision of the su preme court of the United States has been received with so much Interest as was manifested In the decision of that court lu what nro known as the "commodities clause" cases, affecting the anthracite coal carrying railroads. These cases had been decided by the United States circuit court for the eastern district of Pennsylvania fa vorably to the railroads in that the clause of the Hepburn rate law which prohibits interstate railroads from car rying commodities manufactured, min ed or produced directly or Indirectly by the roads was declared unconstitu tional, and the general Impression had been that the decision would be af firmed by the supreme court. Justice White's decision Is that con gress did not transcend Its constitu tional authority In the enactment of the commodities provision; but, on the other hand, it was held that the gov ernment's construction of the provi sion had been entirely too comprehen sive. As construed by the court, the sole object of the clause Is to prevent car Tiers from being associated in Interest with the commodities transported at the time of transportation; hence that the law only prohibits the transporta tion of articles when they have been produced by n railway company which nas not In good faith parted with them, when the company owns or controls In whaleAq,in-part the com 'modity to be transportedrnnd when the company has nn -Interest, direct or Indirect, in the commodity In a legal sense. It was especially held, however, that , the prohibition does not apply to the ownership of stock In a producing , company, but that a carrier "may own 1 stock In such a company nnd nt the j ame time transport the product of mat company. Summed up, the act only compels companies to dissociate themselves from the products they carry, and the contention of the government that the law applies to ownership of stock and prohibits the transportation of com modities simply because they have lieen produced by a railroad company regardless of the fact that the com pany has parted with them Is untena ble and incapable of enforcement. It thus appears, first, that the com modities clause Is a vital and opera tive statute with respect to all prod ucts, such as coal, which the railroad companies actually own at the time of transportation and that the railroads must sell such products to somebody else lefore they can lawfully ship them and, second, that unless the act Is promptly amended so as to include stock ownership the railroads can es cape the law entirely by converting their direct ownership of coal proper ties Into stock ownership by the or ganization of subsidiary coal compa nies. The effect of the decision' under ex isting conditions Is favorable to the railroads, and the government lost on practically every point except the sus tention of the principle involved. Attorney Genernl Wickersham made the following statement Interpreting the decision as he understands It: "Mr. Justice White's statement In announcing the opinion of the supreme court in the commodities clause Is In effect that a proper construction of the so called commodities clause Is that It prohibits the transportation by railroad companies only of commodi ties owned in whole or in part by such companies nt the time of transporta tion and that it does not prohibit them from transporting commodities manu factured, mined or produced by them previous to such transportation w'hlch are not owned by thera at tho time of transportation and, further, that It does not apply to transportation of commodities owned by other corpora tions in which the transporting rail road company has a stock interest. "The decision does not sustain the full contention of either the govern ment or the carrlors. It adopts a con struction of the statute different from that contended for by both the govern ment and the carriers. It, however, sustains tho principle contended for by tho government that congress has power to prohibit a carrier from car rying in competition with other ship pers commodities which the carrier owns or in which it is interested. "It operates at once to prevent nny oarrler from transporting any com modity which It anna at tho moment of shipment, and It con firms in con gress power to extend that prohibition to tho carriage of commodities owned at the time of shipment by a corpora tion In which the carrier has n stock InterMt." VICTOEY FOR OPERATORS. Counsel Fop Coal Carrying Roads Re joices In Decision. New York, May 4. The coal carry ing railroads will be practically unaf fected in their business by the deci sion of the supreme court of the Unit ed States In the commodities cases, Is the opinion-of 'itobort W. De Forest, counsel for the companies. Only In the case of the Delaware, Lackawanna' and Western Ilnllroad company will changes in business methods be necessitated by the deci sion. Is Mr. De Forest's belief, and this not In a way to hamper the com pany for any length of time in the handling of its coal products. Mr. De Forest said: "Practically the decision of the su preme court Is In favor of the railroads and the public and against the conten tion of the attorney general that all coal mined by the railroads wlilch had a direct ownership In the conl and that all coal mined by subsidiary coal companies In which the railroad com panies had a stock interest was barred of Interstate transportation by the Hepburn net. "Of the anthracite carriers only two, the Delaware, Lackawanna and West ern and the Delaware and Hudson, have any direct legal ownership In an thracite coal. Both these companies are authorized by their charters to mine anthracite coal and to transport it. "All the other so called anthracite carriers that Is, the Reading, the Cen tral Railroad of New Jersey, the Penn sylvania railroad, the Lehigh Valley, the Erie and the New York, Ontario and Western, own stock in coal min ing companies. "The decision establishes the legality of anthracite coal transportation by theso six last named companies that is, the transportation of coal mined by, companies in which they have stock interest. "The whole country Js to be con gratulated, that the supereme court has put a practical interpretation upon this act,, -which does not prevent the free transportation out of Pennsylvania into other states of a commodity which has become a necessity of life, sub stantially as heretofore." OVATION FOR THE WRIGHTS. Enthusiasm as Aeronautical Society Gives Gold Medal. London, May 4. There was. a re markable demonstration of enthusiasm hero when the Aeronautical Society of (Srcat Britain conferred on Wilbur and Orvllle Wright, the Aniericun nero planists, its first gold modal. Those who had gathered to witness tho presentation cheered nnd applaud ed repeatedly, while the Wright broth ers blushlngly bore their honors through an hour of the warmest eulo gies. Finally the entire assemblage rose and gave three cheers for each of the brothers and for Miss Katherine Wright. Speeches were made by Major Ba den F. S. Baden-Powell and by Colo nel J. E. Capper, the war office's aero nautical expert, who referred to the Wright brothers as "unspoiled as though they were nobodies." Wilbur and Orvllle Wright made brief speeches, tersly expressing their thanks. A reception was then held, and the brothers were surrounded, questioned and besieged for auto graphs. They were given a dinner at the Itltz hotel by the Aeronautical so ciety. EARTHQUAKES PREDICTED. French Scientist Names Twelve Days of Peril This Month. Paris, Mny 4. A French scientist, M. De Pnrville, announces that earth quakes may be expected to occur at the principal declensions of the moon. Years of observation have brought him to this conclusion. To prove his contention ly- cites the dates of a number of earthquakes of this year, including that of Messina and tho disturbances in Portugal. Ho says that, shocks may be expect ed during the month of May on the following days: 0, 7, 12, 14, 17, 18, 20, 23, 20, 27, SO and 31. Dolivia Elects New President. La Paz, Bolivia, May 4. Dr. Ello Jiro Villazon, first vice president of the republic, has been elected presi dent to fill the vacancy caused by the death of Fernando Guachalla. Cut In Price of Steel Wire. Pittsburg, May 4. A reduction of from $6 to $10 a ton was announced by the United States Steel corporation In the selling prices of wlro and wire products. The cut was at once met by the Pittsburg Steel company and other Independents. Weather Probabilities. Fair; warmer; moderate southwest winds. ABDUL IB lill, PLOT Blame For Adana Massa cres Laid on Old Sultan. DIPLOMATS MARKED FOR DEATH Correspondence of Deposed Mon arch Reveals Him as Archcon spirator Against Chris tians. Constantinople, May 4. Documen tary evidence has been discovered among the records of the telegraph office here showing that the deposed sultan. Abdul llnmld, Inspired the mas sacres in the Adana district and that they were to coincide with the political events hero. Other papers have been found indi cating also that the conspirators nt the palace acted in the sultan's name In prepnrlng the military mutiny of April 13. Lists of houses, with notes on tho kind of loot to be found therein, were discovered on some of the prisoners now In custody. The urrangemcuts Included a gen eral massacre of foreigners in Con stantinople, including the diplomatic representatives, on April 24. Thirteen civilians and soldiers, sen tenced by the rallltnry courts to death for murder, were hanged In different parts of Constantinople. Major Youssef, his son, and three other men who killed the Syrian depu ty, Emir Mohammed Arslan, In front of the parliament building were ex ecuted on the spot where they commit ted the crime. Five others were hanged nt the entrance of the ministry of war and three men at the Stainboul end of the Galata bridge. Upon the breast of each criminal was pinned a large placard In Turkish that could be read at a considerable distance setting forth the sentence of the., court ' " Major Youssef was commandant of Jhe First battalion of the Seventh regi ment. Among the noncommissioned officers executed was Hamdi Bin Yech ar, a sergeant in the Fourth battalion of the Salonlkl chausseurs. The men executed on Galata bridge were guilty of tho murder of Lieutenant Ells. Major Youssef was the man who, after the murder of Deputy Arsian, made his way to the house of parlia ment and lu a speech denounced the members for acting against the laws of the Koran. Yechor was the man who planned the details of the revolt of April 13 and who was commander In chief and practically dictator of Constantinople for the two days fol lowing. The other eleven men worked under Yechar. The new Turkish cabinet has re signed, and the political situation Is bewildering. No one can tell what tho outcome will be. This latest ministry was organized only four days ago, with Tcwllk Tasha as grand vizier. The sultan has requested Tewflk Pasha to consult with his colleagues and reconsider his resignation, al though there is much opposition on the part of the members of parliament to the composition of the cabinet and to Tewflk Pasha himself, as it is con sidered that the ministers are too close ly connected with the old order. The cabinet may face the chamber, how ever, In the hope of securing n majori ty. STRAUS AS AMBASSADOR. He Is Appointed to Turkey, While Rockhlll Goes to Russia. Washington, May 4. Oscar S. Strnus, former secretary of commerce and la bor, has been appointed ambassador to Turkey and W. W. Rockhlll as ambas sador to Russia. Mr. Straus telegraphed from New York his acceptance of the mission to Turkey to Socretary Knox. Mr. Rockhlll was formerly assistant secretary of state and latterly minister to China. He will remain at Pekln for a time, the president not yet having determined on his successor. Adana Jesuit Mission Destroyed. Paris, May 4. An official dispatch received here from Constantinople con firms tho reports of the complete de struction of the Jesuit mission at Adana. SCHOOLTEACHER DROWNED. Thrown Into Creek While Driving With Her Husband. Acra, N. Y May 4. Mrs. Bert Med daugh, a schoolteacher, was drowned in Catsklll creek. She was driving with her husband, and In fording a creek the horse reared, throwing Mrs. Meddaugh, n-Jjrlde of a few months, into the creek. A strong current was flowing, and she was quickly carried beyond reach of her husband. Tho body was recov ered a mile nnd a half from tho scene. HIGH PRICE SAVES FORESTS. Piles Opposes Beveridge In Senate In Attempt to Reduce Tariff. Washington, Mny 4. Forest conser vation and its relation to the tariff caused a lively discussion In the sen ate when Senator Beveridge of In diana, taking up an argument for the Dlngley rates on lumber made by Sen ator Piles of Washington, started to demonstrate that the present policy of the far western lumbermen was that of total destruction of the forests. This assumption Senator Piles par tially confirmed on the ground that It was almost impossible to cut out rljK! timber in tho Pacific coast forest be cause of its great size and proximity, tree to tree, without destroying all surrounding timber. He urged that a high price for lumber would permit reforestation. Senator Piles said that It was Impos sible to manufacture lumber on the American side In competition with Canada because, while the American 1 1 1 1 1 mini muNi mil oniy erect ins mill and buy sufficient standing timber to supply it, tho Canadian can lease from the Canadian government (HO acres of timber land for $140 a year and then pay only 50 cents per 1,000 feet for the lumber cut off as against n rate on the American side of $2 per 1,000 feet stumpage. The senator said the German system of conservation was wholly Impossible on the Pacific coast and admitted that the Interior mills of bis section prac tically exhausted timber land before letting go of It. Senator Sinoot of Utah declared him self In favor of a duty which would assure a profit sufficient to cover the cost of reforestation to the American lumberman. He said the price of lumber was now moderate, but would eventually go higher. "Tho tariff keeps up the price, and the price saves the forests," retorted Senator Beveridge. "I hnve never seen any lumberman in the central or far west who undertook to save his forests at nny price." "When the price Is high you will find the lumbermen conserving their forests," said Senator Smoot. ATCHISON FINE REVOKED. Railroad Need Not Pay $330,000 For Granting Rebates. Snn Francisco, May 4. The United States circuit court of appeals here reversed the decision of the district court In the case In which the Atchi son, Topeka and Santa Fe Railway company was found guilty of granting rebates and sentenced to pay fines of $330,000. The cause for the reversal was the error of the trial court In striking out the testimony of F. P. Gregson, agent of the Santa Fe. Gregson testified that the had been satisfied by the shippers that the full 40,000 pounds, constituting n carload lot under the company's tariff, had been placed In tho cars, but that the railroad scales at the point of deliv ery had shown a considerable loss In transit. On this showing he said the company had agreed to accept pay ment from the Grand Canyon Lime and Cement company of Arizona for the amount actually delivered at the legal carload rate. The appellate court holds that inas much as the freight tariff provides that a shipper shall pay for all over 40,000 pounds contained In a car and that since the full amount necessary to obtain a carload rate was shipped In each Instance the trial court erred in not allowing this testimony to go be fore the jury. MEN OF SCIENCE CONVENE. Mechanical Engineers Begin Their An nual Convention In Washington. Washington, Mny 4. The American Society of Mechanical Engineers, em bracing in its membership 3,455 ot America's scientific men, began its an nual spring meeting In this city today. More than 300 euglneers are ha at tendance ut tho meeting. During the convention, which will last four days, President Taft will hold n receptiou for the members at the White House. The war department will give a spe cial exhibition drill at Fort Myer. At the same time, if the conditions are favorable, an ascension of a dirigible balloon will be made. An address will be delivered by Bear Admiral Melville, retired, past president of the society and former en gineer in chief of the navy, the sub ject being "Tho Engineer In the Navy," and F. II. Newell, director ol the reclamation service, will deliver an illustrated address on "Homemaklng In the Arid Iteglons." Steel Rail Mills Resume Work. Braddock, Pa., May 4. Three steel rail mills of the Edgar Thomson works here resumod operations In full after being closed two weeks. The re sumption affocts 2,000 men. Broker Killed by Train. New York, May 4. Dennison Smith, a Now York broker, fell In front of a train noar his homo at West New Brighton, N. Y., and was killed. His wife was with him. SPORTING NEWS. The Hawley base ball fans held a mass meeting last week and elected the following officers: M. E. Lewis, president: C. H. Freethy, treasurer, and Charles Houck, secretary. Ed ward B. McAndrew has been appoint ed manager. A much faster team Is expected this year as all the old players have signed and the positions that were weak last year are to be strengthen ed with new material. . Extensive Improvements nre being made to the grounds. The diamond is to be leveled and the out field put In first-class . condition, s6 the grounds will bo the fastest In Wayne county. Tho directors have decided not to hire any outside help. McClosky, their star pitcher of last year, Is expected homo about the 1 nth of .Tune. llonesdale High School and the Maple City Club will contest on the Silk Mill lints Saturday, May 8th if the weather permits. Hawley and Honesdale will make arrangements for a series of games to be played later in the season. Wnymart has organized and has elected Peter Dimock captain. The Honesdale High School elect ed Ernest Dudley, captain, and Fred Osborne manager. The following is their schedule: May 8th, Maple City club; Damascus at Damascus, May 15th; Carbondale High School May 22d;- Moguls of Carbondale May 29. Alex Gallenkamp, a student at La fayette College, and a former Hones dale boy, won the 2-mile race be tween Haverford and Lafayette, his time was two minutes, 11 seconds. In speaking of the Vlllanova base ball team the May number of the Base Ball Magazine says that Fred Schuerholz Is the mainstay In the pitching department. BASEBALL SCORES. Results of Games Played In National, American and Eastern Leagues. NATIONAL LEAGUE. At Brooklyn Boston, 9; Brooklyn. '7. Batteries Dorner, Mattern, Tuckey and Graham; Pastorius, Mclntyre and Mar shall. At Chicago Pittsburg, 9; Chicago, 2. Batteries Willis and Oibson; Coakley and Koran. At St. Louis St. Louis, 6: Cincinnati, 3. Batteries Fromme and McLean; Hlgsln botliam and Phelphs. At Philadelphia Philadelphia, 5; New York, 1. Batteries Coveleskl and Dooin; Crandall, Ames and Schlei. STANDING OP THE CLUBS. W. 14. p.c. w. It p.c. Boston.... 7 4 .035 Chicago... 8 8 .600 Phtla'phla. 7 4 .636 St. Louis. 7 11 .3X9 Pittsburg. 9 6 .COO Brooklyn. 4 7 .364 Cincinnati 10 9 .526 New Yorlc 4 7 .364 AMERICAN LEAGUE. At Boston Boston, 7: Washington, 1. Batteries Chech and Corrlgan; Johnson and Street. At Chicago Chicago. 4; Detroit. 0. Bat teries White and Sullivan; Wllletts and Tanage. At New York New York, 9; Philadel phia, C. Batteries Qutnn, Lake and Klel now; Schlltzer, Dygert, Krause and Liv ingston. STANDING OF THE CLUBS. W. L. P.C. w. Li. P.C. Detroit.... 12 4 .750 Phtla'phla, 5 6 .455 New York 8 E .G15 Cleveland. 5 8 .385 Boston.... 8 5 .615 St. Louis. 4 10 .286 Chicago... 7 G .538 Wash'ton. 3 8 .273 EASTERN LEAGUE. At Jersey City Rochester, 5; Jersey City, 0. At Newark Newark, 2; Montreal, 0. At Baltimore Baltimore, 12; Buffalo, 5. At Providence Providence, 4; Toron to, 0. STANDING OF THE CLUBS. W. L. P.C. w. L,. P.C. Jersey C'y 6 2 .750 Montreal.. 4 5 .444 Provl'enceS 2 .714 Toronto... 3 4 .423 Newark... 3 3 .500 Baltimore. 2 4 .333 Rochester. 2 2 .500 Buffalo.... 2 5 .IS.i t Stnalhvood to Make His Contract Harder. When Percy Stnalhvood, champ Ion long distance runner of Wales, with the scalp of tho great Indian Longboat, whom he defeated in Philadelphia, hanging to his belt, aeclared a few days ago that he would race the three fastest pro fessionals in that city, they to run five miles each and he fifteen, won derment was expressed on all sides by the followers of this sport. Mc Clelland, Sweeney and Schoeller have already signed contracts to race the Welshman In a three-man relay, and Joe Keally is also knocking loudly for admittance, with bright prospects of getting In. Nine Killed While at Mais. Madrid, April 27. The roof of the cathedral at Torbes collapsed while mass was being celebrated, and nine persons were killed and thirty wound ed. ;tiLi.'jaj3 Extract from a musical comedy pro duced in London: "Now, what do you think of this cos tume?" "It's ripping." "Is it, by Jove? I thought I heard something going at the back." Liver pool Mercury . 8zechenyl Not to Be Minister. Brighton, England, May 4. Count Lailo Szechenyl, who married Gladys Vanderbllt, denies the report that he will be appointed to a ministerial posi tion by the premier of Hungary. Death Enters the Wcstbrook Homo Three Times Within a Week. During the past week death has claim ed three persons in the home of Mrs. Moses C. Wcstbrook, Blooming Grove, Pike county. Miss Carrie Wcstbrook, a daughter, whose obituary notice appear ed in our last issue, Mrs. Moses C. West brook, whose death occured on Friday, and Mrs. Elizabeth Jones, of Flat Brook, N. J., who was a visitor ai the West brook home, and who died of pneumo nia on Saturday last. Mrs. Westbrook had been ailing for some time, but the direct cause of her demise was the shock received by the sudden death of her daughter. Mrs. Westbrook wts 81 years old, and was born in Susses, N. J. The funeral was held on Sunday, nnd the interment was made in the Blooming Grove cemetery. Miss Elizabeth Jones, aged GG years, was born at Flat Brook, N. J., and the Westbrooks were her only immediate relatives. Her remains were taken to her late home on Tuesday, for interment. Gurdiier-Vineent Company. Owing to not being able to get the manuscript on in time, Gardner-Vincent Co. will present " David Gar rick" for Thursday, Friday, and Sat urday of this week instead of " Sapho." " David Garrlck " is one of tho most beautiful plays written and has always been in the repertoire of such artists as Edwin Booth, Chas. Fecter, Kyrle Bellew and In fact all our great stars. It tells a beautiful story of an In-" cident in the life of England's great est actor, Mr. David Garrick. The first act shows the home of David Garrick with its quaint pict ures, play books, etc., the arrival of Garrick after a hard and irksome re hearsal at Druary Lane Theatre, the scene between Garrick and Ingot where he promises to cure the girl of her love for him. The second and third acts are laid in Simon Ingot's home. These acts test both Mr. Gardner and Miss Vincent to the utmost, one moment the audience is convulsed with laughter and the next In tears. The fourth act explains everything and all ends happy. As the play takes place in the old en times, it calls for beautiful cos tumes. Market Reports. WHEAT Quiet and unchanged. CORN Quiet, but steady; May, 79a79V4. OATS Firm; No. 2. white, natural, 60H 61c. BUTTER Active trading; supplies short, higher and firm; receipts, 5,699 packages; creamery. Specials, 28V4a29c; (official 2814c); extras, 28c; thirds to firsts, S2& 27V&c; held, 20a26c; state dairy, common to choice, 20a27&c; process, common to special, 17a23V4c; western, factory, 17a20c.; imitation creamery, 21a22c. CHEESE Lower; receipts, 750 boxes; state, new, full cream, special, 14al5c: small, colored, fancy, 14c; large, colored, fancy, 14c; small, white, fancy, 1314a.; common to fair, 10al2c. ; skims, full to specials, 2allc. EGGS Firm; receipts, 21,107 leases; state, Pennsylvania and nearby, fancy, selected, white, 24c; fair to choice, 23a 23V4c; brown and mixed, fancy, 23c; fair to choice, 22a23c; western, stores packed, 22a23c; firsts, 22a22c; seconds, 21a21c.; southern, firsts, 21V4a22c; sec onds, 21c POTATOES Steady on new; old domes tic firm; foreign weaker; domestic, old. In bulk, per ISO lbs., J2.75a3; per bbl. or bag, $2.50a2.90; European, old, per 168 lb. bag, jl.75a2; Bermuda, new, per bbl. 13. 25 a4.50; southern, new, per bbl., 2a4.25; sweet, per basket, $1.50a2. LIVE POULTRY -Steady; chickens, broilers, per lb., 30a35c; fowls, 16al7c; old roosters, 8al0c; ducks, 12c; seem. 7a8c DRESSED POULTRY Firm; broilers, nearby, fancy, squab, per pair, 60a90c; t lbs. to pair, per lb., 36a40c; fowls, barrel, 16c; old roosters, 12c; spring ducks, nearby, 24a26c; squabs, white, per dozen, $2a4.25; frozen turkeys, No. 1, per lb., 23a 25c; broilers, milk fed, fancy, 24a25c; corn fed, fancy, 21a23c; roasting chickens, milk fed, 23a25c; corn fed, 17a20c; fowls. No. 1, 16c; old roosters, ltc; ducks, No. I, 17al8c; geese, No. 1, 12altc. HYDE WILL APPEAL. May Not Go to Jail In France For Reckless Autolng. Paris, May 4. M. Gofflot, secretary to James Hnzen Hyde of New York, says that an appeal will be taken from the sentence Imposed by default on Mr. Hyde of one month's Imprison ment and a fine of $100 on tho charge that while in his automobile he ran Into n public taxlcab last October and Injured a passenger. Mr. Hyde's chauffeur was at the same time sen tenced to ono month's Imprisonment and a fine of $30. . M. Gofflot characterized this sen tence imposing the highest penalties during Mr. Hyde's absence as a "snap" Judgment. He said further that when the facts were fully before the court ho expected that the penalty would bo reduced to a small fine. Mr. Hyde, who was at ono time vice president of tho Equitable Llfo Assur ance society, is. still on nn automobile trip In tho Riviera. No Children In Picture 8howe. Albany, N. Y May 4, Governor Hughes has signed tho bill making It a misdemeanor to admit to a moving picture performance any child under tho ago of sixteen years unless accom panied by parent or guardian.