PAC E Si
rtlE CITIZEN, PlttDAY, JUNE 0, 1011.
DECISION IN
i CASES WAS
But Layman Finds It Dif-
9
I
iicuit to Determine
Which Side Won
J
ny JAMES A. EDGERTON.
Till: mills of tho gods still grind
slowly, but tlioy do grind. It
Is five years since the cnso
ngntnst the Standard Oil was
started ami about as long since the
government began smoking out the
tobacco trust, but at last the supreme
court lias passed on both. Slow con
tinues to be the word even now, for
each trust Is allowed six months or
longer to reorganize its affairs and
get within tho law. Just how it can
do tills and remain u trust Is loft for
Its high priced lawyers to determine.
Can they do It? Well, that Is what
they are paid for, and they have man
uged to pull through until the year
1011 without getting their clients In j
Jail. They are very astute gentlemen
and surely can find some way to be
"reasonable."
Nevertheless it was a great victory,
We have indisputable evidence of this i
since both sides claim It as such. That I
makes It unanimous. When two con-'
tending nrmles both claim the result '
of a battle us a great victory It must
indeed be so. There Is nobody left to
deny it. The captious may Inquire, ,
"Whose great victory was It?" but
they are Impertinent nnd do not de
serve to have their curiosity gratified.
In (ho present cnso Attorney General ,
Wickeralinin nnd his assistants say
the government has won an Important
WW,
THE SUPREME COURT OV THE UNITED STATES.
(Standing, from left to right. Justices Van Devanter, Lurton, Hughes and Lamar; sitting, from left to right. Justices Holmes
Harlan, Chief Justice White, Justices McKenna and Day.
triumph, and at the same time the
trusts assert that this will clear the
atmosphere and busluess will revive.
As proof of the statement they point I
to the fact that most of the trust
stocks went up as a result of the
court's action. A notable exception
was that American Tobacco stocks
fell something like a hundred points
In one day. Well, let tho tobacco trust j
smoke. Perhaps plug cut and Hnvanas
that were made in North Carolina or j
Connecticut may tako a tumble also.
As for Standard QI1, that went up. It
seems the harder tho Standard Is Jolt
ed tho more money John D. Rockefel
ler makes.
Prices Not Affected.
One thing looks a trifle strance ubout
it all. The subsidized New York news-!
papers are simply gleeful over tho way
the trusts have been swatted in these
decisions, but Mr. Small Dealer is not
half so hilarious, and Mr. Common
People isn't saying a word. Up to
date the price of smokes has not
come down, and we have to pay as
much as ever for a gallon of oil. I
hear there is ono exception on petro
leum. Thomas L. IHsgen, the inde
pendent oil man who ran for president
on the Hearst ticket In 1008, says the
price has been cut In New England to
run him out of business. He further
avers that the Standard is going to use
that six mouths' grace to kill off every
Independent dealer In tho country. All
these conflicting views get Mr. Public
Opinion bq befuddled that ho wants to
climb a tall tree and let tho breezes
fan his fevered brow.
Personally I have read these two
supreme court opinions carefully, pray
erfully nnd as wakefully as I could
contrlvo by repeatedly pinching my
self. Now I feel as If I had perused
ono of Henry James' novels. The most
definite impression loft is that I am
tho original bonchead and that if I
over did know anything I forgot it
ages ago. My mental state Is a cross
between senile dementia and criminal
nan1tv. T brve a hair notion that
THE TRUST
BIG VICTORY
Question Now Is as to
What the Trusts Will
Do About It
V. -
somehow the Standard Oil and to
bacco trusts got tho worst of It. AI
least their lawyers did If they tried
to read those two decisions.
The Decision Analyzed.
As nearly as I can arrive at the
matter the finding of the court Is that
these trusts have been guilty of every
crime on the calendar and therefore
they will be given six months to pre
pare to have their wrists Blapped. H
I had been guilty of one-fiftieth of the
things the court says they have put'
over I would expect to be sent to
the penitentiary for life, electrocuted,
hanged and shot before breakfast. !
Moreover, I would look for all these
and other direful things to happen ta
me right away. Hut I am not a trust. I
1 am tho original come-on, the nlt.1-'
mnte consumer, a human atom classi
fied with 00,000.000 others as the dear'
pee-pul. The trouble nbout a crlinej
committed by one of the hoi pollol Is
that it Is always unreasonable. The
common or garden variety of law
breaker Is not given six months to
shape his affairs so that he can live,
within the law. He Is given six years
In the penitentiary. The Judge that ,
handles his cnso has no time to bothei
with tho "rule of reason." j
Justice Harlnn says worse things
about these decisions than anybody
else hns dared to say. He calls them'
judicial legislation. Ho says the court
read words Into tho law that congress
never placed there and that congress
specifically refused to place there. To
put it in other words, he seems to
think the province of a court is Inter
pretation, not Interpolation, no inti
mates that the supreme court is usurp
ing the authority of congress. The
words to which he objects are "unrea
sonable" and "undue." Tho Sherman
anti-trust law as It stands In tho stat
ute books penalizes restraint of trade.
Tho supremo court construes this to
mean "unreasonable" or "uuduo" re
straint of trade. Whether a given case
Is "unreasonable" or "undue" Is a
question not of law, but of fact. It
will bo necessary for tho courts to de
termine what is unreasonable or un
due restraint, thus giving them legis
lative power.
The Word "Unreasonable."
For several years thero has been ac
attempt to have congress Insert the
word "unreasonable" In the law, but
congress declined. Not only so, but
President Taft ndvlsed against the In
sertion. In his special message of Jun
7, 1010, he said:
It has been proposed that the word
"reasonable" should be made a part of the
statute and then that it should be left
to the court to say what Is a reasonable
restraint of trade, what Is a reasonable
suppression of competition, what 1b a
reasonable monopoly. I venture to think
that this is to put into tho hands of the
court a power impossible to exercise on
any consistent principle wlilch will Insure
the uniformity of decision essential to Jub(
Judgment. It Is to thrust upon the courts
a burden that they have no precedents to
enable them to carry and to give them a
power approaching the arbitrary, the
abuse of which might Involve our whole
judicial system in disaster.
Moreover, the supremo court itself It
previous decisions baB refused to em
body the word, although Justice White,
now chief Justice and author of the
present opinion, hns ever favored it.
Thus the court has reversed Itself and
has put into tho law language thai
congress had refused to put there and
that the president had advised against
putting there. This is the plain tnitl
of tho matter, desplti- ill efforts l
gloss over or explain away.
Justice Harlan also pointed out ilia
the rending of tho woid "unreason
nblo" Into the lnw was uot essential t(
the decision of these cases, It vn
obiter dicta, dragged In by the heo'.s
He frankly predicted that the peopli
would never permit the supreme conr
to usurp the functions of congress ant
lntlmntcd that when they awakened t
what had been done they would mnki
trouble, It is perfectly easy to undei
stand what Harlan says. It Is in plait
and vigorous English. Up to date
have found no two persons, lawyers oi
otherwise, that agree as to what tin
court opinion of Itself says. I nm no
the only ono It has given n headache.
It has been somowhat amusing t(
obscrvo the attitude of tho suKsldl::p(
New York papers toward Justice liar
lan's dissenting opinion. Always It
tho past they have tronted him wltl
tho greatest respect. Ho was the old
est member of the court, tho venerable
the Intellectual, the altogether lovely
Now they regret, etc. One of thesi
sheets oven went so far as to ndvocati
gag law nnd denial of freedom o:
speech, using this remarkable la i
guagc:
And now that we have cleared the bust
ness atmosphere by decisions In the casi
of the two great "trusts" It may be wet
to consider the expediency ot abollahlm
tho practice of publishing the opinions o
a dissenting minority of tho supreiu
court.
Justice Harlan, Dissenter.
It Is not without Interest that Jin
tlco Harlan Is tho only member of thi
court left over from tho old regime
He was appointed In 1877. All the oth
ers, with the exception of White, an
appointees of McKlnley, Roosevelt nnc
Taft. Even White, originally a Cleve
land appointee, was made chief justlci
by Taft.
In the tobacco trust decision Chit"
Justice White Indirectly replied It
Harlan's dissenting remarks on I In
Standard Oil case. In effect h
claimed that the court's lnterpretatloi
of the law was to broaden the scope oi
?.. :,fi -,',!
the statute and to give it new vitality
He insisted that It was a complianct
with the spirit of the act, if not witl
tho letter.
What of the Outcome?
What will be tho outcome of it nil'
Will these trusts and others like then:
dissolve according to tho court's man
date? Will the trust officials who hav
been guilty of these illegal actions Ik
punished under tho criminal clause oi
the Sherman anti-trust law? Attornej
General Wlekersham has already beer
questioned on this lino by committee!
of congress, but hns not given full re
plies, claiming that to do so might do
feat tho ends of Justice in somo netions
already brought.
Will the fact that tho tobacco trust
Is permitted to present additional evl
denco to the lower court pave the waj
for further delay? Presumably thif
same course will be open to the Stand
ard Oil. Suppose tho corporations an
not satisfied with tho decrees of th
lower court. What is to prevent then
again appealing to tho supremo court
with another live years' wait?
Thero is one peculiar feature of pub
lie opinion regarding the mntter. The
man on the street does not bcllev
that tho decisions will have any prac
tlcal effect. In his opinion tho trustt
will go right on doing business at tbc
old stand and in the old way. Thej
may go through some legal legerde
main to agree with tho letter of th
Judicial decree. But as to the Stand
ard Oil giving up its monopoly of pe
troleum, he frankly is skeptical. Thii
popular attitude is not fanciful. 1
hnvo mado it a point in the past few
days to lnterylow Tom, Dick and Har
ry on tho question and have been
struck by tho unanimity of tho replies
Ono would shrug his shoulders. An
other would express oral doubts. None
was hopeful. Tho Independent tobacct
stores do not conceal tho fact thai
they aro discouraged.
What is the cause of this populai
cynicism? Has the public been stuni
bo often that It has lost faith?
WHAT TO EAT
WHEN IT IS HOT
if You Like Beefsteak, Don't
Deny Yourself,
ADVICE OF OR, HARVEY WILEY
Subsist on a Mixed Diet, Shun Ico
Cold Drinks, of Course, and Reduce
Your Rations, as the Body Needs
Less Fuel.
Don't tnke up any food fads.
Eat whatover you want, but don't
overdo it
Subsist on a mixed diet. All this
talk about vegetables or fruits nlono
being a panacea makes me sick.
Don't drink ice cold concoctions.
Full many a youth has gone to his sar
cophagus By pouring Ice cold drinks adown his hot
esophagus.
Hot Weather Advice by Dr. Harvey
W. Wiley, Food Expert of Depart
ment of Agriculture.
It's silly to lay down rules of diet
In these days, when most folks are
busy battling for mere existence, says
Dr. Harvey W. Wiley, chief of the bu
reau of chemistry, department of agri
culture, who Just now Is telling peo
ple how to keep comfortable lu hot
weather.
"Most people are obliged to eat what
ever they can get," is the encouraging
message of tho health expert. "Those
who have any choice, however, first of
all should bo moderate in everything
at the table. The human system was
built for a mixed diet. The ages have
proved that moderation in food is best
for mankind, so why should we pay
any attention to any of the fnddlsts
that occasionally arise to claim atten
tion? Like Steak In Summer? Eat It!
"If you hnvo been in the habit of eat
ing a steak now nnd then or a chop
or a piece of roast meat In cold weath
er there Is no reason for eliminating
It from your menu simply because
the weather has turned warm. Merely
cut down the quantity. When the
weather Is hot there Is no necessity fur
supplying so much heat to the system.
We do uot need so much coal to keep
the human engine going.
"It is really dangerous to drink Ice
water. Water too cold and drunk In
large quantities chills and congest the
coating of the stomach. Many people
distill or filter their water to free it
from pathogenic germs and afterward
add Ice to it, not knowing that the leu
is Just as liable to be filled with germs
as Is the water. Tho habit Is .found
to result from the Ignorant belief of
some people that so called microbes
cannot live In Ico that by bringing the
water to a freezing point these germs
aro killed. But freezing produces ouly
suspended animation in the pathogenic
germs causing our common diseases.
They merely hibernate in tho ice. The
longer It takes water to filter through
a porcelain filter the more thoroughly
It is freed from germs.
Why Less Food Is Needed.
"Less food is needed in the summer
because tho body's radiation of heat
Is greatly reduced. With a normal
body temperature of 08 degrees, we go
out into the winter's cold, often when
tho air is zero or below. During such
weather the heat of the body is con
stantly being radiated off Into tho cold
air, which is another way of defining
the process by which we get chilled
In the winter. But in the summer the
air nbout us is so hot often hotter
than our bodies that -we radiate little
or none of our heat into it
"There Is about as much nourish
ment in u pound of wheat as in a
pound of boef. Wheat Is the better
food for the worklngmnn because it
is u balance ration, containing all three
of tho principal nutrient constituents
of food, which aro protein, carbohy
drates and fnts, required to produce
heat and energy In the adult and fur
thermore to build up tissue In tho
young while they are growing. When
n pound of moat Is eaten it supplies
only protein, which is tho element
which builds tissue. Adults need n
certain amount of protein to build up
tho wasto tissues, but they do not need
nearly so much as the growing child.
"In the summer we should eat more
of tho succulent foods of the vegeta
ble class and less of tho concentrated
foods of tho animal category. Whllo
wo should eat less In hot weather, wo
must never keep tho stomach empty.
The stomach and Intestines need to bo
distended. Should the nutrient constit
uents be extracted from hay and fed
to a horso in concentrnteU form the
animal would die. Tho human stom
ach as well as that of tho horse needs
a large amount of indigestible mate
rial to keep the alimentary cannl open.
"Potatoes and fat meat nre the best
foods for tho laboring man: also sugar
sirup. A lump of sugar will restore
elasticity to the muscles of a tired
man as promptly ns will alcohol, and
the advantage of tho sugar is tho ab
sence of a harmful reaction. Men on
forced marches, athletes nnd those
who make heroic physical efforts of
any kind should carry lumps of sug
ar to eat from time to time."
Fenceposts That Last.
Fenceposts in Argentina aro made
of quobrachlo wood, which Is exceed,
lngly hard. They last forty years.
Jurors for June Term of
Court
Wednesday afternoon Sheriff M.
Leo Braman and Jury Commissioners
W. H. Bullock and O. E. Miller
drew the following panels of Jurors
for June term of Wayno county
court:
Grand Jury, Week of Juno 12.
1. Leon H. Ross, clerk, Honesdale.
2. William Hlller, farmer, Oregon.
3. P. P. Woodward, farmer, Cher
ry Itldge.
4. Geo. Carey, farmer, Bucking
ham. 5. Ezra Edwards, laborer, Lake.
G. William T. Wilcox, farmer,
Mt. Pleasant.
7. Chas. Kreltner, glasseutter,
Texas.
8. L. T. Porham, farmer, Way
mart. 9. Henry Baehrer, shoemaker, Da
mascus. 10. T. W. Treverton, blacksmith,
Berlin.
11. D. R. Denney, farmer, Man
chester. 12. Florence Chapman, farmer, Sa
lem. 13. W. D. Rowe, farmer, Paupack.
14. F. B. Benedict, farmer, Preston.
1G. B'red Sands, clerk, Hawley.
16. Freeman Reynolds, farmer,
Scott.
17. Timothy Duffy, glasseutter,
Texas.
18. Chas. Miller, farmer, Canaan.
19. Chas. Worthing, knitter, Haw
ley. 20. J. M. Bolkcom, farmer, Leba
non. 21. F. O. Gilbert, proprietor, Hones
dale. 22. W. E. Rude, farmer, Clinton.
23. Leon Bodle, farmer, Dyberry.
24. J. N. Sharpsteln, clerk, Texas.
Traverse Jury, Week of Juno 10.
1. Howard Swingle, farmer, Lake.
2. Andrew Thompson, retired,
Honesdale.
3. Fred Rose, Sr., laborer, Pal
myra. 4. Clarence Gardner, farmer,
Scott.
5. G. O. Gillette, undertaker,' Sa
lem. G. Howard Bea, glasseutter, Tex
as. 7. W. H. Rose, farmer, Damascus.
S. Norrls Brown, farmer, Preston.
9. Everett E. Tainter, Jewelry,
Mt. Pleasant.
10. R. C. Arthur, farmer, Lebanon.
11. Wm. Gulnn, merchant, Hawley.
12. Frank Bender, farmer, Lehigh.
13. Thomas Keegan, farmer, Buck
ingham. 14. Wm. Balles, clerk, Texas.
15. C. F. Smalley, minister, Pal
myra. 1G. G. W. Swartz, poultryman,
Ariel.
17. L. H. Clune, farmer, Bucking
ham. 18. Cyrus Isham, farmer, Dyberry.
19. Chas. Buckland .farmer, Clin
ton 20. Christian Bloclcberger, farmer,
Labanon.
21. Cha. Jacobs, farmer, Starruc
ca. 22. Depew Teeple, farmer, Man
chester. 23. James Noble, farmer, Salem.
24. Geo. Ehrhardt, butcher, Dreher.
2G. Arthur Akers, farmer, Sterling.
2G. Kevin O'Brien, musician,
Honesdale.
27. J. W. Sandercock, gentleman,
Lake.
28. J. E. Lockwood, farmer, Ca
naan. 29. Christian Apple, farmer, Le
banon. 30. Max Bregsteln, merchant,
Texas.
31. Elbert W. Howe, laborer, Sterl
ing. 32. Leo Stark, driver, Texas.
33. John Rlckert, merchant, Hones
dale. 34. John Reining, farmer, Berlin.
35. O. F. Bowers, farmer, Scott.
3G. Chester Holgate, farmer, Da
mascus. 37. F. G. White, superintendent,
Hawley.
38. Albert S. Whlttaker, minister,
Honesdale.
39. Frank Cole, farmer, Manches
ter. 40. Elmer Lee, farmer, Preston.
41. Eniile Huegenln, farmer,
Dreher.
42. Geo. Hittlnger, farmer, Pal
myra. 43. David Giles, farmer, Mt. Pleas
ant. 44. Henry Smith, clerk, Texas.
45. Buel Dodge, retired, Honesdale.
4G. Sidney J. Tyler, photographer,
Damascus.
47. Chas. Budd, farmer, Berlin.
48. Clarence Purdy, laborer, Texas.
W. C. SPRY
AUCTIONEER
HOLDS SALES ANYWHERE
IN STATE.
WAYNE COMMON PLEAS: TRIAL
LIST, JUNE 10, 1011.
Smith vs. Brown.
Tellep vs. Chaplak.
Klausner vs. De Breun.
Town vs. Cortrlght.
Heurlch vs. Sanders.
Stuck vs. BIgart.
M. J. HANLAN, Profy.
Honesdale, Pa., May 29, 1911. 43eo3
APPRAISEMENTS. Notice is giv
en that appraisement of $300
to the widows of the following nam
ed decedents have been filed in the
Orphans' Court of Wayne county,
and will be presented for approval
on Monday, June 19, 1911:
Charles E. Baker, Waymart.
Amos Grimstone, Dyberry.
William W. Tarbox, Scott town
ship. Appraisements under Act of 1909,
James Simpson, Damascus.
M. J. HANLAN,
Clerk.
Wo print programs,
Wo print envelopes,
Wo print legal blanks,
PROFESSIONAL CARDS.
Attorncv-ot-Lnw.
H WILSON,
. ATTORNEY A COUNSELOR-AT-LAW.
Offlce adjacent to Post Office In DImmIck
ottlce. Honrsdaic. Pa.
'AI. II. LEE,
A TTOT! VI.' V X nnrtuavTnn.lv.r 1 tt-
Offlce over post office. All legal business
promptly attended to. Honesdale, Pa.
E
O. MUMFORD,
ATTftnKKV a nntrvfivr nn.i.-.r .to
i, . ifSt ' zr . """"". opposite ini1
Post Office. Honesdale. Pa.
nniM Tikn,Trii i. .. 1 1 i . .
HOMER GREENE.
ATTORNEY A COUNSELOR-AT-LAW
Office over Kelt's store. Honesdale Pa.
nHARLES A. McOARTY,
J ATTORNEY A COUNSELOR- IT-LAW
Special and prompt attention elven to the
collection ot claims. Office over Kelt's mew
store. Honesdale. Pa.
J7, P. KIMBLE,
" . ATTORNEY 4 COUNSELOR-AT-LAW
Office over the post office Honesdale. Pa.
ME. SIMONS,
. ATTORNEY A COUNSELOR-AT-LAW
Office in the Court House, Honesdale
fa.
PETER H. ILOFF,
ATTORNEY A COUNSELOR-AT-LAW,
Office-Second floor old Savings Bni
building. Honesdale. Pa.
SEARLE & SALMON,
ATTORNEYS A COUNSELORS-AT-LAW
Offices latelv occupied by Judge Searle S
rt HESTER A. GARRATT,
V ATTORNEY A COUNSELOR-AT-LAW
Office adjacent to Post Office. Honesdale, P
Dentists.
DR. E. T. BROWN,
DENTIST.
Office First floor, old Savings Bank build
ing, Honesdale. I'a.
DR. C. R. BRADY,
DENTIST, HONESDALE, PA.
Office Hours-8 a. m. to 0 p.m.
Any evening by appointment.
Citizens' phone. 33. Itesldence. No. 86-X
Physicians.
PI5. PETERSON, M. D.
. 112GMAIN STREET, HONESDALE, TA.
Eye and Kar a specialty. The fitting of glass
es given careful attention.
Certified Nurse,
MRS. C. M. I50NESTEEL,
GLEN EYRE, PIKE CO., PA.,
Certified Nurse; P. S. N.
Telephone-Glen Eyre. 17mc4
Livery.
LIVERY. b red. G. Rickard has re
moved his livery establishment from
corner Chiuch street to Whitney's Stone
Barn
ALL CALLS
PROMPTLY ATTENDED TO.
FIRST GLASS OUTFITS. 76yl
t 1 1 tttt-t-t-M-H
T HTM 1
i ne jeweier t
t would like to see you if f
I you are in the market!
I for
i
JbWbLKi SILVER-:
WARE, WATCHES:
CLOCKS, J
DIAMONDS, i
AND NOVELTIES
'. "Guaranteed articles only sold."
:mau:nnnunmmn
WHEN THERE
IS ILLNESS
in your family you of course call
a reliable physician. Don't stop
at that; nave his prescriptions
put up at a reliable pharmacy,
even if it is a little farther from
your home than some other store.
You can find no more reliable
storo than ours. It would be im
possible for more care to be taken
j in tho selection of drugs, etc,, or
!n thfl PnilinnnniliniT Praanrin1
Hons brought here, either night
or day, will be promptly and
accurately compounded by a
competent registered pharmacist
and tho prices will be most rea
sonable, O. T. CHAMBERS,
PHARMACIST,
Opp. D. & II. Station, Hokesdale. Pa.
ttuututsttitittttrittuntttt
fST. DENIS'
corntorUbla appointment, courteous
emcc and homelike tunouodinf . gi
Rooms $1.00 per rfsy awl m
With privilege el Bath
$1.50 per day and up
EUROPEAN PLAN
Tabla d'Hot BraaktMl . . B0a
- W M.TAYLOR a SON, Inc.