davidaulloa/AmericanStories huggingface dataset:
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24

their business livestock, shipped from
points throughout the United States,
which, having been converted into
fresh meats, is sold again by them
at the places where prepared, to deal
ers and consumers in other states,
or is sold through their agents, To-
Gated in other states, to dealers and
consumers in the states where the
agents are located. The shipments
in the frs. class of sales are made
directly fr,-n the places where the
meat is prepared to the dealers and
consumers III other states, and in the
latter class TO the agents in the otnai
| states, who, upon salary, deliver dl-
rectly to the dealers and consumers.
What may be called the body of
these transactions is two fold. 1t
reaches backward to the purchases of
cattle that come to defendants from
states other than those in which de-
PENDANTS manufacture, and it reaches
forward to the sale of meats after
conversion to parties dealing with re-
spect thereto from other states, fol
lowed by shipments into other states.
Zach of these transactions constitute,
in my judgment, interstate commerce.
Coming to the other branch of
the transaction-the sales by defend.
ants-a like result follows. Unques-
tionably it is interstate commerce
when purchasers from other states buy
directly from the defendants, and
have the meats shipped to them by
the vendors. The status of such a
transaction, both as to i%nitiatory in
tercourse and as to transportation in
furtherance of the exchange, includes
a state other than the II from
which defendants deal.
Il think the same is true of meat
sent to agents and sold from their
stores. The transaction in such case,
in reality, is between the purchaser
and the agents principal. The agents
represent the principal at athe place
where the exchange takes place, bu.
the transaction, as a commercial en-
tity, includes the principal and in
cludes him as dealing from his place
of business Indeed, such privity ex-
transaction that he could, at the in
slant, as a citizen of another state,
sue upon the transaction in the federal
courts, nor have l any question that ii
the conditions of this case were re-
versed, so that the defendants were
invoking the shelter intsead of seek
ing to escape the obligations of the
commerce clause, federal law would
be found equal to the protection ask
ed.
Because a thing can be taxed by
the state, it does not follow that 1t
lies outside the body of interstate
commences; for commerce, interstate
as we'll as domestic, is subject to the
police and taxing powers OF the state
so long as the exercise of such power
does not interfere with the national
governments exclusive right of regu-
lation.
$50 the facts set forth in the second
grouping fix upon the transaction,
even though the transactions be with
in the body of interstate commerce,
the character of unlawful combina-
ton? The averments are as follows:
That the defendants are engaged in
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
Finest in the World.

Chicago, Feb. 19.-Chicago is to
have the finest museum in the world,
and Marshall Field is to provide the
funds to build it. according to plans
now under discussion by the South
to be the site and the maximum cost
is to be $40, 000, 200.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
TWO HIGHWAYMEN ROB ELEc.
TRIO CAR PASSENGERS.
THEY PLAY NO FAyoRITES
Men and Women Alike Compelled to
Surrender Their Cash and
VaIuabies.

Los Angeles, CAL, Feb. 19.-The
daring deeds of highwaymen who
seem to have invaded Los Angeles in
force reached a climax tonight when
two unmasked men held up and rob-
bed a carload of passengers on the
Los Angeles-Pasadena electric line.
T%hirty-two passengers, one-half of
whom were women, were forced at
the points Of revolvers to surrender
cash and jewelry to the amount of
between $500 and $500. The robbers
performed their work leisurely but ef-
fectively. The car was held for 10
minutes. The men left it and disap-
peared in the darkness. The ho.d-up
was carried out in a way that mark
ed the two outlaws, as old hands at
the business.
The car left Fourth and Spring
streets, Los Angeles, at 9 o'clock, for
Pasadena. Nearing Avenue Thirty
one and Pasadena avenue, just to the
south of Arroyo, the motorman OBJ
served two men making signals for
the car to stop. AS he came to a
%standstill the two men climbed upon
the steps ,one at either end of the
car. They presented revolvers at the
heads of Conductor Dayhoff and
Motorman Corwin and drove them in
side the car. With revolvers in their
hands they stood in the doors and in
foul and obscene language ordered
everybody to "dig up their coin and
their jewelry without any damned
monkey business"
The rober at the rear door stepped
on a box and from this commanding
position covered the startled passen-
gers with his revolver. The other one
passed down the aisle taking pocket
books, coin and watches, and thrust
them c~arelessly into his coat pockets.
While taking the property of the pas
sengers the bandit kept up a flow of
abuse.
John w. Gay agent of the Raymond
Whitcomb excursions, narrowly es-
capped being shot by the desperate
ROBBERS. He resisted being searched
in a mild sort of way, pushing the
robber back. Instantly the man SHOW
ed his revolver towards Gays face.
The latter struck the weapon upwards
Just as the trigger was pulled, and
the bullet passed through the roof of
the car.
The conductor and motorman were
ordered to keep their hands above
their heads. The robbers forgot to
search Conductor Dayhoff and are con-
sequently about $50 poorer because
of the neglect.
The point at which the robbery oc-
CURED is an open spot and peculiarly
favorable for robbers. The bandits
had only three or four blocks to walk
to reach the Downey e car line,
which would have brought them back
into the city in 10 minutes.
Both ~highwaymen are described as
young, smooth shaver and dressed
like laborers. The one who did the
searching is described as a mere
youth, not more than 20 years old.
The other was about %. The latter
made no attempt at disguise, but the
younger one had a white handker-
chief tied across his chin. All the
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
PACKERS VIOLATE THE SHERMAN LAW

Chicago, Feb. 19.-The ~so-called
beef trust" case was disposed of
yesterday by Judge Grosscup in the
United States circuit court, the de.
murrer of the packers being over
ruled and the temporary Injunction
granted. The attorneys Tor the pack.
ers made no announcement of their
future intentions. They have until
March 4 to discuss the matter with
their principals. If they deny the facts
upon which Judge Grosscup based his
decision, the mauter might go before
a master in chancery who will again
hear the evidence, and the case will
again be argued before Judge Gross
cup. An appeal may be taken, in or.
the case. 1t is not believed likely that
the packers will let the matter go by
default, thus making the injunction
permanent.
Commerce." said Judge Grosscup
in his decision, lis the sale or e
change of commodities. But that
which the law looks upon as the body
of commerce, is not restricted to
specific acts of sale or exchange. 1t
includes the intercourse-all the
initiatory and intervening acts, in
strumentalities and dealings that di-
rectly bring about the sale or ex-
change. Thus, though the sale or ex
change is a commercial act, 80 also
is the solicitation of the drummer,
whose occupation it is to bring about
the sale or exchange. The whole
transaction, from initiation to cul-
mination, is commerce.
when commerce, thus broadly de
fined is between parties dealing from
different states, to be effected, so far
as the immediate act or exchange
goes, by the transportation from state
to state, it is commence between the
states within the meaning of the
constitution and the statute known
as the Sherman act. But it is not the
transportation that makes the trans
action interstate commerce. That is
an adjunct only, and only essential
to commerce, but not the test. The
underlying testimony is that the trans
action as an entirety including each
part calculated to bring about the
result, reaches into two or more
states; and that the parties dealing
with reference thereto, deal from diff
ferent states. An interstate COM
mercial transaction in this ems is
an affair arising from different states
and centering in the acts of exchange.
each essential part of the affair be
ing as much commerce as in the cen
ter. With this definition in mind, let
us see what the transaction made in
the petition is.
For the purpose of clear exposi-
ton, the facts set forth in the petition
should be separated into two grounds:
Those that are intended to bring the
transaction within the body OF inter-
state commerce., and those that are
intended to fix upon such transaction
the character of unlawful combination
and conspiracy. The first group may
be stated as follows: The defendants,
controlling 60 per cent of the trade
and commerce in fresh meats in the
United States, buy in the course OF
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
On the yellow Waters.

Paducah, KY, Feb. ia wrecked
houseboat floating on it's side in the
Tennessee river, three miles above
here, was caught yesterday afternoon
and found to contain the bodies of
three persons-a man, woman and
child-all white.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24

an unlawful combination and conspir-
acy under the Sherman act in (a) di-
recting and requiring their purchasing
agents at the markets where the live
stock was customarily purchased to
refrain from bidding against each
other when making such purchases;
(b) in bidding up, through their
agents, the price of livestock for a
few days at a time to induce large
shipments and then ceasing from bids
to obtain the livestock thus shipped
at prices much less than it would
bring in the regular way; (c) in
agreeing at meetings between them
to bid up prices to be adopted by all,
and restriction upon the quantities
of meat shipped; (d) in directing and
requiring their agents throughout the
United States to impose uniform
charges for carriage for delivery,
thereby increasing to dealers and con-
sumers the charges for such meats;
and (e) in making agreements with
the transportation companies for re-
bates and other discriminative rates.
mo one can doubt that these aver
ments state a case of combination.
Whe her the combination be unlaw-
full or not depends on whether it is
in restraint of trade. The general
meaning of that term is no longer
open to inquiry. 1t has been passed
upon carefully by the supreme court
in the freight association case and in
the traffic case. 1t is clear from them
that restraint of trade is not depend
ent upon any consideration of reason
abieness or unreasonableness IN the
combination averred; nor is it to be
tested by the prices that result from
the combination; indeed, combination
that leads directly to lower prices to
the consumer may, within the doc
trine of these cases, even as against
the consumer, be restraint OF trade;
and combination that leads directly
to higher prices may, as against the
producer, be restraint of trade. The
statute thus interpreted, has no con-
Germ with prices, but looks solely to
competition, and to the giving of com
petition full play, by making illegal
any effort at restriction upon COM
petition. Whatever combination has
the direct and necessary effect OF re-
stricting competition is within the
meaning of the Sherman act as now
interpreted, restraint of trade.
."Thus defined there can be no
doubt that the agreement of the de-
PENDANTS to refrain from bidding
against each other in the purchase OF
cattle is combination in restraint OF
trade. So also their agreements to
bid up prices to stimulate shipments,
intending to cease from bidding when
the shipments have arrived. The
same result follows when we turn to
the combination of defendants to fix
prices upon and restrict the quant1-
ties of meats shipped to their agents
of the customers. Such agreements
can be nothing less than restrictions
upon competition and therefore can
not be other than in restrain or
trade; thus viewed the petition, as an
entirety, makes out a case under the
Sherman act.
"The demurrer is overruled and the
motion for preliminary injunction is
granted"
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
Bar on Mexican Cattle.

Kansas City, Feb. ia special to
the Journal from Ell Paso, Texas,
says: "The importation of cattle
from Mexico has been temporarily
stopped. The foot and mouth disease
has been discovered at San Luis Pc
tosi.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
They Think He Is Crazy.

Butte, Feb. 19.-InQuiry last even
ing failed to disclose any local knowl-
edge of Baer. The name does not
occur in the city directory and the
police department has no record of
such a man. The impression among
the police and detectives is that the
Washington man is crazy.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
and passage of bills. In this order Of
business House Bill 80, Hefferlin's
bill to give landlords a lien on the
crops Of the tenant, was killed.

crops Of the tenant, was killed.
Helena, Feb. 19.-Following the ex-
ample of the house the senate adj
journed this afternoon out of respect
to Governor Toole, who is so greatly
bereaved today by the death of his
wife's sister.
Senator Whipple of Broadwater
county offered the resolution of re.
spect and adjournment and it prevail
ed unanimously. The adjournment is
to 10 O'Clock tomorrow morning.
The only other business done at the
senate's short session, which began
at 2 o'clock, was the giving of two i'm
portant notices by Senator Hoffman,
chairman of the committee on rules.
They are notices of two amendments
to the rules Of the senate, it being
required that notice of amendments
to the rules shall be given a day in
advance. The two changes are in
tended to change the existing intoler-
able condition Of affairs by which the
presiding officer either of the senate
or of committee of the whole by arbi-
trary rulings, false declarations Of a
vote and other high-handed acts, may
block all business.
In yesterdays proceedings in COM
mittee Of the whole Chairman Sher-
lock of the committee of the whole,
ruled that a certain vote was in the
affirmative when every man in the
house knew it Vas in the negative.
The official guide of the senate de-
clares that dilatory tactics shall not
prevail in the senate or committee of
the whole, but no attention was paid to
this.
One of the proposed amendments is
to rule SO on rules of the senate in
committee of the whole, and is as fol-
lows:
"When the committee of the whole
is ordered by the senate, it shall Sc
lect the chairman thereof, and he may
be designated in the motion made to
60 into the committee of the whole.
The rules of the senate shall be OBJ
served in the committee of the whole
as far as practicable except that de-
bate on a bill shall be limited to 80
minutes a side, and no member shall
speak more than 10 minutes on any
amendment to any section, and except
that the ayes and nays shall not be
taken"
This will prevent the lieutenant
governor continuing his man Sher-
lock in the chair.
The other amendment is to rule 81
so it will read as follows:
EVERY member when he speaks
shall, standing in his place, address
the president and when he has finish
ed he shall sit down. No senator
shall speak more than once in any de-
bate on the same day without leave
and shall be limited to 80 minutes,
except the mover of the motion or
resolution, who shall be allowed 30
minutes to open the debate and 10
minutes in closing"
This is to prevent Kennedy and
Tewey talking the senate to death.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
Cattle Disease Again.

Washington, Feb. 19.-Secretary
Wilson said today that the British
government had received news from
one of it's consuls in Mexico that the
foot and mouth disease had broken
out at San Luis PotOsi.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
Mitchell Knows Nothing Of It.

Indianapolis, Ind, Feb. 19.-Presi-
dent John Mitchell of the United
Mine Workers came in from Chicago
this morning. President Mitchell
says he knows nothing about a move
ment among the anthracite miners to
raise a $4,000 gift for him.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
A Violation.

st. Paul, Feb. 19.-Attorney General
W. B. Douglas, who is a member OF
the state pardon board, when shown
the dispatch from Lees Summit, stat
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
War1ed.

To buy bounty c1aYms. At ONO
front room over w. B. Ten Eyck's
Montana avenue.
sStf DIR. CLIFF LINDSEY.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-24
Wanted.

Wanted.
Ranch for rent. Address G. A., Ga
Zette Office. 81-2
Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1903-05-20
COMING EVENTS

Handicap Tournament at Targets, San
Francisco. May - to "a.
Northwest Pacific Fair Association
Races. Victoria, May - and %; Van
couver. May "a and Is.
President Theodore Roosevelt, Spo-
kane, May rs.
Wal Veterans of the Department of
Washington and Alaska, Spokane. May
,6 to Is.
Montana State Tournament, Helena,
May 20 to 81.
Rebekah Assembly, l. o. o. F., Walla
Walla, June2.
Grand Lodge. l. O. OF, Walla Walla,
June to5.
Second Annual Saengerfest of the
North Pacific Saengerbund, Walla Walla,
June 5 %.
Woodmen of the World picnic, Julia
eta, Idaho, June Io-II.
National Convention, Modern Wood
men of America, indianapolis, June 1925.
Normal Commencement. Cheney, June
Washington State Federation of Wom-
ems Clubs, Everett, June "a to 26.
Northwest Sportsmen's Association,
Dayton, June 2s-77.
National Editorial Association, Omaha,
July 8 toll
G. A. R. Encampment. San Francisco,
August. 1903.
University of California, Berkeley,
June IS to August 5.
National Association of Ticket Agents,
United State, Mexico and Canada, Salt
Lake, September 10.
Woarle's Fair, St. Louis. 1909.
RELIGIOUS.
Annual Conference of First Methodist
Church. Spokane. September. 1903.
The East Washington and North Idaho
Convention of Baptist Churches, First
Baptist church, Ritzville. October 10
to II,
Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1903-05-20
NOTICE FOR.PUBLICATION.

Spokane Falls, Wash, May 10, 1908
Notice is hereby given that in compliance
with the pr0visiOnI of the act of Congress of
June 8, 1873. entitled AN act for the sale of
timber lands in the states of California, Ore.
gon. Nevada and Washington Territory" as ex-
tended to ali the Public Land States by act of
August 4, 1892. Andrew. +. Narver Of Sprague.
county Of Lincoln, state of Washington. has
this day filed in this office his sworn statement
No. SIS, for the purchase of the M neH and
neH nwl4 and lot of Section 30. in Twp. 10 n /.
Range IS. y. W. NJ and will offer proof to show
that the land sought is more valuable for it's
timber. or stone than for agricultural purposes,
and to establish his claim TO said land before
Alice c. French, U. s. Commissioner for the
district OF Washington. at R.tzville. Wash. on
Saturday the 9Th day OF August, 1908.
He names as witnesses: Allen J. Womach
and Luther A. womach Of Ritzville, Wash.
and Asa Van Allen AMI William Morrill,, OF
Sprague, Wash.
Any and all persons claiming adversely the
above described lands are requested 10 file
their claims in this office on or before said 9Th
day OF August, 1903.
WILLIAM II. LvDplK, Register.
Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1903-05-20
Zent, Lowell &Linn
Insursnce...Mone Loaned

RITzvILLE, Wash, May s, o3.
To THE PUBLIc-We are anxious to
make farm loan to every farmer In the
county and to insure every persons grain.
ming. We have unlimited capital to loan
at rates of interest as low as the loan. r
is now getting in the far east. and can
only give you this rate by reason OF the
great volume of business we do. Every
day our insurance and farm loan bust
ness increases. and we want to meet and
do business with every person in the
county. Call at our Offices over the First
National bank building whenever you are
in the city. Yours very truly.
TENT, Lowell b LINN.
Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1903-05-20
NOTICE FOR PUBLICATION
United States Land Office,
SINK na ENlIR WaAh May @ l4la


Spokane Falls, Wash. May Q, 1903.
Notice 10 hereby given that IN compliance
with the provisions of the act of Congress O:
June 3, 1873, entitled IAN act for the sale OF
timber landr in the states VI California. Oregon,
nevada and Washington territory" as extend
ed to all the Public Land States by act of Aug
ust 4, 1882. Luther A. Womach OF Rlizville.
county Of Adams, state of Washington. has this
dav hlsd In this office his sworn statement No.
10 in Township ~ north. Range 81, L. W.. NJ,
and will offer proof TO show that the land
sought Is more valuable for its timber or stone
his claim 10 said land before Alice e. French,
U. 8. Commissioner fer the district OF Wash
ington. at kitzville. Wash. on Thursday, the
9th day Of August. 1901,
lie names a. witnesses: Allen Womach,
Isaac n. W0mach, John G. Shorno and George
". Breese, all of Ritzville, Wash.
Any and all persons claiming adversely the
above described lands are requested TO flle their
claims In this once on or before said, 9th day
Of August, 1903. WILLIAM II, LuDbES,
Register.
Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1903-05-20
NOTICE FOR PUBLICATION
UNITED STATES LAND OFFICE. p,
SPOKANE FALLS, WASH. {

March ~, l9O3. }
Notice is hereby given that in compliance
with the provisions Of tile act Of Congress Of
June 8, 1878. entitled. IAN act for the sale of
timber lands in the States of California. Ore
gon, Nevada, and Washington Territory" as
extended to all the Public Land States by act
Of Augusta, fss2.
MARIA d MASON
Of Sprague, county of Lincoln, State Of Wash,
ingt0n. has this day filed in this office her
sworn statement humber $40. for the purchase
Of the NEN OF section number IS in Township
number 10. north. range number 81 y W: W:
and will offer proof to show that the land
sought Is more valuble for its timber or stone
than for agricultural purposes 70 establish her
q. Commissioner. for the District of Washing.
ton At RitzviIle. WASH, on Saturday, the 18th
day OF June, 1908.
She names a. witnesses:
John Bodine, George Eastman Andrew Nc
Queen. Robert Mason. all Of Sprague, Wash.
Any and all persons claiming adversely
the above.described lands are requested to
file their claims in this ONCE OIL before said
said 18th day OF June, 1903.
WILLIAM II. LUDDEN. r ,gister
Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1903-05-20
notice FOR PUBLICATION
United States Land Oifice.


Notice 10 hereby given that In compliance
with the provisions of the act OF Congress Of
June 3, 1878. entitled IAN act for the sale Of
timber lands in the states of California, Ore
gon, Nevada and Washington Territory" as
extended to all the Public Land States BY act
of August 4. 1892, Henry +. TToub OF Winona,
this day died In this onice his sworn statement
No t6S, for the purchase OF the southeast quar-
ter Of Section II, In Twp. Is north, Range IS, e.
W. NJ, and will offer proof to show that the
land sought 10 more valuable for its timber or
stone than for agricultural purposes. and to
establish his claim to SAID land before VIM. A..
lnmsn, U. 9. Commissioner for the district of
Warrington. st Coifax. WASH, on Saturday. the
9Th day Of August, 1903.
He names - witnesses: Julian Howard,
John o. ellison, Isaac 8. Bowman and Robert
hates, all of winona, wash.
Any and ell persons claiming adversely the
ADORE. described lands are requested to file
their claims In this office on or before said 8th
day Of August 1908. WILLIAM H. LUDDEN,
90 Register.