davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune., 1903-12-15

make a greater competition with q
greater rival on a great scale for the i
advantage and for the public, the
court must look to the matter as ore
of fact, to determine whether the real
purpose was to destroy or to lead to
the distinctions in order to promote
trade by the establishment OF the
greater competition.
The third proposition is that il the
holding of the Northern Securitiei
company OF the majority of shares OF
the two companies was violation OF
the Sherman act of course an agree-
ment amongst any number of persons
would be a violation of that act.
The fourth proposition is that TIE
first section of the Sherman act docs
not in any way condemn as illegal thf
acquisition or ownership of the share
of the two competing companies.
The fifth proposition is that the sec
ond section of the Sherman act DO"
no. in any way condemn the acqusi
tion AMI holding of such ownership ci
shares
The sixth proposition is that If tht
Sherman act does condemn as lllega
the ownership OF controlling lntefes'
in the shares of the competing railway
comranies that il is unconstitutional
Bismarck daily tribune., 1903-12-15

in salaries. But other
causes add to the movement. One Is
the higher cost Of living. Teachers
have not secured by any means their
share of the advance in the rewards
of work, compared with almost any
other occupation, and the reasonable
ness Of their demand is generally
recognized. When the Pennsylvania
teachers tried for their advance there
was opposition from the oranges. but
in that state. where many young wom-
en- were teaching for not over SIC per
month, the legislature passed an act
fixing the minium at $35 Generally,
says DR.. Winship there is no opposi-
tion whatever by the taxpayers to the
increase of salary for the teachers. It
is recognized that they are worth the
money.
me cause Of the upward movement
in salaries and the advance in the
standing Of the profession is the pas
sage of laws in many states insisting
upon higher qualifications. Under
these laws the poorer teachers have
been weeded out, and higher wages
have been demanded by those quail
fed to fill the vacancies. In nearly all
instances of advance of salaries the
action has been by municipal authori-
ties. State action has been rare.
Bismarck daily tribune., 1903-12-15
SENSATIONAL DOUBLE TRAGEDY.
Masked Officer Wounds . Merchant
and Suicides.

Memphis. Tenn. Dec. l5-John c.
King. a policeman, is dead by his own
hand, and II. ]. Kressenberg, we'll
known merchant and member Of the
city Democratic committee, is prob
ably fatally wounded as the result OF
a sensational double tragedy enacted
here.
Shortly before midnight Kressen-
berg. accompanied by his wife, left
his store in the business district and
a moment later he was shot twice by
a man wearing handkerchief over
his face as mask. Kressenberg fell
to the sidewalk bat shot his fleeing as
sailant in the leg After running two
blocks the latter fell exhausted and
turning his revolver on himself, fired
bullet into his brain. 1t was then
discovered that the masked man was
John c. King, a member of the local
police force No cause is known for
Kings attack upon Krcssenberg.
Bismarck daily tribune., 1903-12-15
VICTORY FOR TOD SLOAN.
Secures Damages Against the French
Jockey Club.

Paris. Dec 15.-The court which has
been hearing the arguments in the
case Of Tod" Sloan. the American
jockey. against the French Jockey
club for 900 damages for being
warned off the turf in connection with
Rose de Mats winning the Prix de
Diane at Chantilly in May last, has
found in favor of Sloan and con-
demned the Jockey club to pay the
costs the amount Of which will be as
sessed later The court while hold
ing that Sloan's complaint was justi-
fed, pointed out that as he had not
showed that the course of the club
caused him serious prejudice, limited
the damages to the expenses of the
action.
The case involved the Jockey clubs
sole control of the French turf ad-
ministrati0n.
Bismarck daily tribune., 1903-12-15
STATE News

WillistOn has been cleaned of the
sporting element, and the Ward Coun-
ty Reporter states that the mayor has
struck new gate"
It's hard to keep a good man down. .
Here's Jim Kennedy invading Utah
and gobblirg up $55,OO0 contract at
Salt Lake City against all other com
petitors.
w. N. Steele of Rolla. the well
known banker and member of the
Worlds fair board, was married at
Minneapolis to Miss Blanch Lawton.
Papers have been served in the
damage suit of Ellen Pyke against the
city of Jamestown for damages in the
sum of 5000 for physicians fees and
SIC. 900 for injuries received by falling
through a broken part of the sidewalk
on Main street between the city hos
pital and the main part of town.
Professor willard is working on a
report of the U. S. geological survey
work in North Dakota The weather
is unfavorable for field work, but as
SOC as it becomes more fair. Mr. Will
lard will visit a few artesian wells.
The object of these Investigations is
primarily to determine the extent of
the water basin and secondarily to
learn of their Importance relative to
the irrigation question
The recently remodeled and thor
oughly equipped mill of the Russell
Miller Milling Company at Valley City
burned to the ground Sunday morning,
and is a total loss The fire origi-
mated in one of the cleaning machines,
probably from friction, but was under
control by the mill force, when spark
was carried through a spout into a
dust collector, there was an explosion
and the mill was doomed. The mill
and engine room and elevator burned
leaving only the boiler house and one
of the storage warehouses standing
The loss is estimated at $4,000; in
surance about $4,000.
Bismarck daily tribune., 1903-12-15
TWO ENGINES ovERTuRN.
Five Trainren Kilicd in Baltimore
and Ohio Wreck.

Piedmont. W Va, Dec. l5.-Five
tranmen were killed and several Sc
verely injured by the overiurning OF
two engines attachei to heavy Bal
timore and Ohio freight train on the
"seventeen-mile grade near here.
While descending the "seventeel-
mile grade the train, TO which was at
tached two engines. left the track.
The engines and nearly all of the
twenty-foul loaiel cars tumbled into a
deep ravne carrying the trainmen
with them. The tracks were torn up
fol nearly hundred yards.
Bismarck daily tribune., 1903-12-15

follows:
THE final result OF these transat
tiOns was that one and the same set &
men-Mr. Hill and Mr. Morgan al
their associates being the ruins
spirits among them-acting togethe
under charter agreement and throush
the agency of corporate organization
became vested with absolute power OF
control Of two parallel and competins
systems of interstate railway. In plat e
of the two distinct se.s of stockhol :
ers with rival and competing interests,
namely, the stockholders of the Great
Northern and Northern Pacific, there
has been substituted one set Of stock
holders with common and non-competi.
tive interests, namely. the stockhold-
ers of the Securities company. Thus
identically the same persons who con
trolled the Great Northern and North
ern Pacific before the Securities com
pany came into possession of a major
ity of their shares control them now,
only now these persons have a com.
mon intereSt-'a community of inter
est'-in the
Earnings Of Both Roads,
while formerly the interests of the
two sets of persons--the two sets of
tockhOlderS-were, in most respects,
divergent and competitive. 1t borders
on absurdity to say that two railway
corporations which. under normal con
dtiors are naturally competitors for
ira fIic. will continue to compete in any
real sense after both become subject
to the same source OF control. 1t is
not in the interest of the stockholders
of the Securities company that one OF
these railways should prosper at the
expense Of the other. They have a
common interest in both, they receive
their dividends from a fund created
by pooling the earnings of both.
more effective method for combining
competitive interests-for suppressine
competition between rival and nat
urally competing business corpora
tions-it would hardly be possible tC
conceive"
The questions of law growing out O
the statement of facts are presente
as follows:
"First-lias a combination been a
complished by means of the Secuntie
company in violation of section l o
an act Of congress approved July
1850, entitled AN act to protect trad
and commerce against unlawful re
Straints and monopolies,' hereafte
called the antitrust act?
''Second--Have the defendants me
nopolized or attempted to monopoliZ
any part OF the interstate or foreig
commerce Of the United States in vic
lation of section > of the anti-trus
ad'
"Thrd-Was the relief granted b
the circuit court authorized by law
The government maintains that eac
OF these questions should be answere
In the affirmative.
Bismarck daily tribune., 1903-12-15
WOLVES RAID FARiYAROS.
Earrers Guard Their Live Stock Ia
and Night.

Two Ia, hors. Mimi, Dec. 15.-Ee
ports from settlers in this vicinity is
that large number of wolves have
made their appearance in the ne.2h
horhoOd AMI after the recent heery
fall Of SNOW their increased hunger
has mae hem bold and desperate,
|, Is said tht it Is certain loss TO
leave eattle, sheep or hogs in onen
stahles for :he night and many are
watching their stock quite closely dur
ing Tie daytime for fear the wolves
viii e~ta- the barnyar, without wait
ing for darkness. No reports have yet
reat he'll here of persons being molest-
ed b. wolves, but it is claimed it is
only question Of little more of the
starvation period before they will be
gin tn lose their fear of human be
iags and then it will lot be safe for a
man to he out In the woods after dark
Bismarck daily tribune., 1903-12-15
SHERIFF SCOF|ELD IN FARGO
The Ward County OfHcial Feels His
Disgrace keenly-Wants 70 Pay a
Fine.

SsSsaSS NSSUty- % ray q
Fine.
Fargo Forum: Sheriff Scofield, ac-
companied by United States
deputy marshal, reached the city
saturday night and was turned
over to the custody Of Sheriff
Twichell and commenced his sentence
OF ninety days. The sheriff prisoner
feels his disgrace very keenly and it is
understood that he will make an effort
to have his sentence modified, SO that
he can pay a fine and secure his lib
erty He was accompanied to Fargo
by Mrs. Scofield, who will remain in
the city a number of days, and IL her
husbands sentence is not changed to
a hne by the court, she will perhaps
make arrangements to secure tenn
porary quarters in this city so that she
can be near her husband. A brother
Of the sheriff was also in the city yes
terday and is doing what he can to
secure the officers release on payment
of fine. The brother states that this
is the first time that any member of
the family has been in jail, and they
are willing to part with all their
earthly possess ions to secure the sher-
ifs release. The officer prisoner is a
fine looking man, rather short and
stout, with an aldermanic stomach,
evidencing the good liver, and jet
black mustache sets off a jolly face
of the Irish type. Sheriff ScOfield is
a very popular man in Minot, his home
town, and has received quite num-
Der of messages of encouragement
from the people of that place.
Bismarck daily tribune., 1903-12-15
Death of James Staley.

Minneapolis Journal: James Staley
Friday evening from kidney disease.
He was forty years of age and was
of the Yankton Train
ing school at Greenwood, S. d. Funer-
al services were held at Central Park
the Oakland cemetery chapel, the lat
ter under the auspices OF Summit
lodge Masonic fraternity. Mr.. Staley
was a member of Oriental consistory
No. / of Yankton, S. d., and was a
thirty second degree Scottish Rite
Mason. He was brother of DR.. John
Stalev of St. Luke's hospital and his
is the first death in family OF eight
br9thers and sisters. His parents live
in Minneapolis.
Mr.. Staley took charge of the Yank-
ton agency as superintendent under
trying circumstances, in accordance
with the policy Of the interior depart
ment, to depose political appointees
by placing Indian agencies under the
care of suparintendents in the civi
service. In the two years that he was
there his honesty and integrity, witt
his executive ability, won for him tn
esteem of the best citizens ofthe stat
and secured for him the hearty sup
port and cooperation and the loya
service Of his force Of employees.
Bismarck daily tribune., 1903-12-15
wARsHlps PAINTED BLACK.
Russian and Japanese Vessels Don TIE
Scmber Color of War.

Russian and Japanese Vessels Don TIE
Scmber Color Of War.
London. Dec l5-A dispatch to the
Daily Telegraph from one of its cor
respondents in the Far East asserts
that the warships of both Russia ard
Japan now in Chinese waters have
been painted black. their war color
The Toxic correspondent of the
Times says ii is generally believed
that the reply Of the Russian govern
ment to the proposals of Japan Coz
oerning the Far Eastern situation
makes for a rapproachmeLt between
Russia and Japan.
Special dispatches from various co..
respondents in Japan indicate that tho
nature of Russia's reply to the D G
posals of Japan will not be permit
to leak ont in the latter country
The Daily Nails Toxic correspcT
ent however. believes the reply to
Bismarck daily tribune., 1903-12-15

London. Dec 15-After a ca
examination of the Russian draf
the agreement the foreign office =
is inclined to the belief that It's
mediate acceptance by Japan ic.
likely and looks for a SER 'es OF nc
parliers dealing with notifications
says the nourparliers may last for 90
eral weeks. The foreign Office. ho
step towards a pacific settlement
Bismarck daily tribune., 1903-12-15
Wife Murderer Electrocuted.

New York, Dec. 15.-William II. En-
mis-. a former Brooklyn policeman con.
victed of having murdered his wife
MAS put to death during the morning
N the electric chair in Sing Sing
prison. Two applications of the cur
rent were made The murder occurrea
Jan. II, 1902. al the home Of Mrs En-
mis- mother in Canariseo.
Bismarck daily tribune., 1903-12-15
Bio Flour Mill Destroyed.

Valley City. n. d., Dec. l5.-Fire
started in the Russell Miller company
-four mill at 3 a. m. in the securing
machine. Employees supposed the fire
was entirely out when an explosion in
the dust collector started second
blaze and the 5o0-barrel capacity mill
and an elevator with 10000 bushels OF
wheat were destroyed. The total loss
is placed at $4,000.
Bismarck daily tribune., 1903-12-15
SCHOOL TEACHERS SALARIES.
Result Of a Movement for Their In
crease Through the Country.

crease Through the Country.
In connection with the agitation in
this state for an increase in school
teachers salaries, it is interesting to
note that DR. A. f. Winship, editor of
the Journal of Education of Boston,
who has just returned from trip of
5000 miles, during which he went to
the Pacific Coast, reports progress in
the movement for higher salaries for
public school teachers.
The movement originated in Stock
ton, Cal. with the publication in May.
1894, of pamphlet compiled by James
A. Barr. superintendent and secretary
of the board of education, showing
wide range of salaries in all important
grades of public schools in all the
states
In most places teachers compensa-
ton has been exceedingly low. Even
in DR.. Winship's own city of Somer-
vile (adjoining Boston, some of the
grades of teachers are paid no better
than the scrubwomen who care for the
school houses. The minimum rates
are in the rural districts. The worst
practice is when aspirants for a
teachers position have been invited to
bid against each other for the place.
BY such competition the price has
been cut in MANY instances to s. per
week. and in one case a teacher has
actually been Influenced to accept on
ly $3.50 In many rural districts all
through the North teachers do not get
over s25 per month Even in Massa-
chusetts 1t is doubtful if the rural
/ towns would show much over $50 per
month as an average.
The highest salaries in the world
| eor teachers are paid by New York
city. DR.. Winshiv says: Boston stands
we'll. and so do the wealthy suburbs
around the city. Philadelphia has
been very low, compared with New
York and Boston, and the recent agita
tion there had abundant just nc: tor
The returns from the normal schools
and commercial schools prove that mol
so manv young women are fitting fol
teachers as forr,erly, but that they are
training themselves for comnercia
life In a much shorter tinc han
Girl can fit herself to teach, she cai
become 1ualifiei to earn large
salary as a stenographer ami type
writer
California stands the highest as
state in normal conditions, as far a
school salaries go, though Nevada
highest of all. But it Is thouSht tha
: the conditions in the latter state ar
, so abnormal that the state ought nc
to be taken as a fair example. BY
California law teacher cannot b
maid less than $45 per month, an
most of the schools do not pay les
than $65.
! Not for a long time. 1t Is said, hs
r. there been such a scarcity of teacher
4 in the United States as now. This
Doubtless one cause of the upwa
Bismarck daily tribune., 1903-12-15
rE-lcNT TRAINS COLLIDE.
Wreck en- TIC Milwaukee Near Ade'
Ia. Fatal to ThIe

Pes No;nes, Lee. 15.-Three train
men wee li!lel and five injured in o
freight collision on the Chicago, Nil
waul-ee and 81 Paul road near Adel
la. !. don.lehaader, westbouna, and
an ex,ra freight, eastbound, came to
gether in a deep cut on sharp curve
Three engines ard fourteen cars wert
entirely demolished
Bismarck daily tribune., 1903-12-15
HOLD UP KANSAS SHERIFF.
Prisoner and Companion Rob Officer
of Watch, Revolver and Money.

Calcna, Kan, Dec. l5.-Charles
Rain. sheriff of Cherokee county, was
held up and robbed in the de-
pot al Baxter Springs, Kan. by Clar
ence Cunningham, an escaped prisoner
from the Columbia tMo) jail. after
he had placed Cunningham under ar
rest Rain was relieved of his watch,
revolver and money Cunningham
and a companion then robbed the sta
tion agent took team of horses and
buggy from livery stable and es-
capped
Bismarck daily tribune., 1903-12-15
Mr.. KNOX FILES HIS BRIEF
Governments Case Against the Merger is
Submitted to the United States Su-
preme Court.

Washington, Dec. 15.-The brief
Northern Securities company and OF
ers vs. the United States, on appe,
from the decision of the circuit cou
Of the United States for the distri,
Of Minnesota, was filed in the Unite
States supreme court during the day.
The document was prepared by Attor
ney General Knox and Assistant Attor
ney General Day and covers 1870 print.
Cd pages.
After stating that the bill In the
case was originally brought by the
government to restrain the violation
Of the antitrust law by the Securities
company in the consolidation of the
Northern Pacific and the Great North
ern railroads and that the decision of
the court below was favorable to the
contention of the United States the
brief enters into the following specii.
cations as to the reasons for the ac.
ton:
First-The lines of railway operated
by the defendants, the Great Northern
Railway company and Northern Pacific
Railway company, are parallel and
competing.
Seccnd-That the combination is in
restraint Of interstate commerce and a
monopoly
The concluding paragraph of JuCe'
Thayer's opinion in the circuit cou
Is quoted as summing up the argn
ment bearing upon the facts of th
case as follows:
AT the present time the Securit.e:
company is the owner of about SO pc
cent of all the stock of the Northerl
Pacific company and the owner {,
about 7G per cent OF all the stock o
the Grea; Northern company.
The scheme which was thus &c
vised and consummated led inevitahl,
to the following results:
Results Of the Merger.
"F'irst--It placed the control of tn
two roads in the hands of sing.e pc
son. to wit, the Securities compaa.
by virtue of its ownership OF la"
majority of the stock OF both ccl-
panies.
"Second-It destroyed every motif
for competition between two roads
gagged in interstate traffic, which we.
natural competitors for business. l.
pooling the earnings Of the two road
for the common benefit of the stoci
holders of both companies; anc a;
cording to the familiar rule that ever
one is presumed to intend what is IN
necessary consequence Of his oW
acts, when done wilfully and delibe
ately. we must conclude that tho
who conceived and executed the pla
aforesaid intended, among otae
things, to accomplish those objects.
The attorney generals own SUI
mary of the results of the deal is
Bismarck daily tribune., 1903-12-15
COURTROOM CROWDED.
Argument in Merger Case Begun IN
Supreme Court.

Washington. Dec 15.-lmmediately
after disposing of its routine morning
business the supreme court OF tne
United States began hearing argu'
ments in the case of the Northern Sc
curities company, James }. Hili, }. +.
Morgan, Daniel S. Lamont and others
VS. the United States. coming to TINS
court on appeal from the decision or
the circuit court for the district or
Minnesota. That decision was to the
effect that the purchase OF the greater
share of the stock of the two railroa
companies constituted merger an I
was contrary to the Sherman anu
trust law. The case Involves the CON-
munity of interest principle.
There has been much interest in the
case and when it was called the couit-
room was crowded both inside ana
outside the bar Attorney General
Knox was present. with quite an arr
OF assistants from his office, while me
opposition also was represented by
long list of distinguished counsel. II.
Guiding former Attorney Geael"i
Griggs, John NJ. Johnson of PhilaGe.-'
phia. c. W Bum and Charles D.
Young Justice Brown Gas the oniy
member of the court not present
John G. Johnson, representing the
Northern Securities company. maGe
the first argument,
Mr.. Johnson said that What he hai
to say would be stated in six propoSl'
tions, which he outlined briefly as iol-
lows:
The first is that there was no agree
ment, contract, combination or con-
Spiracy
to Restrain Competition
between these two railway companies
or to restrain trade. But that, on ,he
contrary. whatever contract or under
standing there was in the case, as eS'
tablished by uncontradcted testimony
was to enlarge, to create and, IN eve
way possible. TO improve trade al
commerce. :,
The second proposition is that Il
two railway companies, somewhat ~
competition with themselves. decide !
necessary in order to sustain 'hei'
competition against third compah!
which otherwise could destroy them O.
greatly interfere with their usefuines'
to the public. to combine in any way
for the purpose Of protecting thenl
selves against destruction and IN or
der by means of that protection. t.
Bismarck daily tribune., 1903-12-15
WILL CALL A STRIKE.
Bitunninous Coal Miners Oppose Re'
duction in Wages.

Altoona, Pa, Dec l5.-National Sec
retary William b. Wilson and the dis.
trict officers of the United Mine Wo,k.
ers at a conference held here have de.
cided to call a strike Of the minera
employed by the Somerset Coal com.
pany because OF reduction OF 12A
per cent in their wages. The company
has sixteen mines in the btuminous
fields of Western Pennsylvania.
Bismarck daily tribune., 1903-12-15
MINE LEADER AIRES ED.
"MiIitary Necessity" the Only Reason
Given by Authorities.

Cripple Creek. Colo, Dec. 15.-D' Z.
Conely. member of the executive
committee of the Western Federation
of Miners. has been arrested here by
the military an:f critics
Military necessity is the only rea'
son given for the arrest.
Bismarck daily tribune., 1903-12-15
POPE RECEIVES BRYAN.
Nebraska Man Granted Private Audi
ence With Pontiff.

Rome. Dec. l5-Willam Jennings
Rryan has been received in private
audience by the pope Mr.. Bryan was
presented by Mgr. Kennedy rector OF
the American college, who acted as
internreter.
Bismarck daily tribune., 1903-12-15
WITH ALL HANDS ON BOARD.
japanese Sealing Schooner seikotu
Maru Lost.

Victoria, D. c.. Dec. ia letter
received by the local sealers from
Japan says the Japanese sealing
schooner Seil;otu Maru has been lost
with all hands. She left japan this
spring and did not return. She car
ried Ave British Columbia seaiers ON
board.
Bismarck daily tribune., 1903-12-15
CHICAGO SALOON TRAGEDY.
Fioht With Robbers Fatal to One arc
Another Wounded.

Chicago, Dec. l5.-Anton Niesseler
was shot and instantly killed and
John Temple was severely wounded
in Temples saloon by one of two high
wsymen who attempted to hold up the
nlaca