davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1904-01-08
Senate Confirms Appointments.

Washington, January 7.-The senate to- day, in executive session, confirmed the following nominations:
 John c. Black, Illinois. civil service commissioner.
 Henry D. Saylor, Pennsylvania, consul general at Coburg, Germany; Lawrence Murray Illinois. assistant secretary of commerce and labor Luther S. Kelly, New York, agent for the Indians of the San Carlos agency, Arizona.
 Postmasters-Arka Owen J. Owen, Jr., Conway; North Carolina, Mary A Timberlake Wake Forest.
The Birmingham age-herald., 1904-01-08
Engineers of the South.

The regular monthly meeting of the Bir- mingham division of the engineers of the south was held last night in the office of President Julian Kendrick. at the city hall. The division now has about sixty active members. Previous to the meet ing last night the board of directors held a session
The Birmingham age-herald., 1904-01-08
Refers to Vaerancy Order.

After referring to the vagrancy order is- sued by the military commander at Grip pie Creek the statement says:
 ''The members of the Western Fedora tion of Miners on a strike In the Cripple Creek district are receiving all necessary means of support from a fund which they have helped to create, and we challsSee the right of any one to deny them that privilege"
 Governor Peabody announced today that the troops will be soon withdrawn from Cripple Creek.
 "I think that the civil authorities will be able to cope with the situation," continued the governor. At least I hope so. If noth- ing unexpected happens all the soldiers will be ordered home from Cripple Creek on Saturday."
 The governor also said that the force on duty at Telluride would be materially reduced this week.
The Birmingham age-herald., 1904-01-08
Nine Indictments Returned.

Hannibal, Mo. January 1.-The federal grand jury, which has been Investigating alleged bribery In the purchase of sites for postoffices in different towns in the state. made a report today returning nine indictments. Against whom the indict- ments have been returned has not been made public, nor have the charges been made known. It is said one indictment charges embezzement of postoffice funds.
The Birmingham age-herald., 1904-01-08
LOWER HOUSE coNcuRs.
Mississippi Legislature lnstructs Sena-
 tors to Vote to Ratify Treaty.

Jackson, Miss, January 1.-The lower house of the Mississippi legislature passed the joint resolution adopted by the sem ate yesterday instructing the Mississippi senators to vote for the Panama treaty now before the United States senate. An attempt was made to amend the resolution but it was passed as 1t came from the senate by vote of 86 to B.
The Birmingham age-herald., 1904-01-08
Motorman and Conductor Killed.

Salt Lake City, Utah. January I-John Gleason, motorman on a Consolidated Street railway car, was shot and instantly killed and Thomas Brighton, the conduct or on the same car. was fatally shot shortly after midnight by masked high waymen who attempted to rob them. There were no passengers on the car.
The Birmingham age-herald., 1904-01-08
No Foundation for Reports.

Washington, January 7.-The war de- partment today received a telegram from General Frederick Funston, commanding the Department of the Columbia, in ref erence to the reports of starvation in Alaska. He states that information re- ceived from the commanding officers at Fort Gibbons and Fort Egbert indicate there is no foundation for reports of des- titution in Panama valley.
The Birmingham age-herald., 1904-01-08
TWO NEGROES AsPHyxIATED.
Andrew Wilson Found Dead Between
 Gas Engines-Armstrong Rescued.

Andrew Wilson, negro, was found dead between two gas engines at the Sloss furnaces on Twenty-ninth street and Second avenue, yesterday morning. Posey Armstrong, another negro, was found at the same place in an uncon-
The Birmingham age-herald., 1904-01-08
John ]. Mccarty $ Auditor.

Washington, January 7.-The treasury department today announced the appoint ment of John J. McCarty of St. Paul to be auditor for the postoffice department to succeed Henry A. Castle, resigned.
The Birmingham age-herald., 1904-01-08
Whalebone s15,ooo a Ton.

New York. January IA new record price of $15,O00 a ton has been established for whalebone, says a Times dispatch from London. Two and one-quarter tons brought that price in a sale at Dundee Experts say the visible supply Is now only four tons In England and America
The Birmingham age-herald., 1904-01-08
FIotilla Goes to Teneriffe.

Washington, January 1.-The torpedo boat fiotilla. consisting of the torpedo boat destroyers Decatur. Bainbridge. Dale. Barry and Chauncey, and the cruiser Buff falo, which is acting as convoy. has left San Juan for Teneriffe.
The Birmingham age-herald., 1904-01-08
Wreck Could Not Be Avoided.

Connellsville Pa, January 1.-The cor oner's investigation of the wreck of the Duquesne limited express on the Balti- more and Ohio railroad. near Laurel Run, Pa. on the night of December 23 last has resulted in verdict that the wreck was unavoidable.
The Birmingham age-herald., 1904-01-08
Grand vizier of Persia Sails.

Washington. January Limited States Minister Grscom cables the state depart- ment from Tokio. under date of yester- day, that the ex-grand vizier of Persia sailed yesterday on the Korea for San Francisco where he is due on the 22d ipc cta nj
The Birmingham age-herald., 1904-01-08
Marriaoe Licenses.

The following marriage licenses were issued yesterday: L. O. Carlisle and Miss Olah Majors, Geerney Junction; M. w. Baggett and Miss Blanch Jordan, Bir- mingham R. S. Woods ana Mrs. Fannie Hardman, Woodlawn.
The Birmingham age-herald., 1904-01-08
Was 1oe Years Old.

Chattanooga, Tenn. January Mrs Rebecca Richards, aged 106. died at her home on Missionary Ridge, near Chatta- nooga, today. She outlived every mem- Der of her family. She was born in 179S.
The Birmingham age-herald., 1904-01-08
LoViisI1iiiiiiiiidiii I1iiiii iiiii Joseph s Loeb
Pre=Inventory Prices on Dinner-Ware.

Now is the best time to buy supply of Dinner Ware. For short time we are going to have Prenvenory Sale in this departmental sale that will you several dollars on every purchase
 Oneundedpiece Semi-Pocean Dinner Sets monarch shape three different decorations coor pink blue select Regular price 15.00 Pre-nventory Sale price 200
 02pee Carlsbad China Dinner and four ons to select from Regular price IS 0o Penventoy Sale price $50
 00pee French China Dinner Sets decorated Regular price 2250 Pre-Inventory Sale price 200O
 00pe Chas Field aviand China Dinner with large soup tureen Regular price 5000 Pre-lnvenoy Sale price 26O0
The Birmingham age-herald., 1904-01-08

All kinds of cuts. Age-Heraid r:n craving Department
The Birmingham age-herald., 1904-01-08
At San Francisco,

trich, 94; Bampoon, Luralighter. 104; Col onel Tyler, Captain Arnold 109.
The Birmingham age-herald., 1904-01-08
One More Day for Strikers.

It is reported that one more day will be given strikers to leave the district or obtain employment.
 Preparations are being made, 1t is said, for wholesale arrests tomorrow.
 Prisoners against whom no other charge than vagrancy is made will be evicted from Teller county, and will not be per- mitted to return.
 c. H. Reimer the mine owner who was arrested yesterday is confined in the county jail, but no criminal charge has been filed against him. His home Is in Buffalo and an attempt ' ay be made to take his case before the United States dis trict court on appeal for writ of habeas corpus.
The Birmingham age-herald., 1904-01-08
STRIKING MINERS
 ARE N0T MIGRANTS
Notice Posted to the Cripple
 Creek Men
ONE MORE DAY TO BE GIVEN
Officers of Western Federation Tell Men to Keep Their Cards and If Driven Away to
 Return.

Cripple Creek, Colo. January 7.-The following notice was posted here today: ''To all Members of the Western Feder-
 ation of Miners in the Cripple Creek
 District:
 Tt has been decided in many courts that members of organized labor are not vagrants. Keep your cards; refuse to be driven from your homes. If compelled to leave by force of arms. union men are advised to return immediately to the Cripple Creek district. The Western Federation of Miners will provide for all striking miners and their families.
 "(signed)
The Birmingham age-herald., 1904-01-08

CHARLES H. MOVER, President, WILLIAM HAYWOOD, Secretary,
 Western Federation of Miners. T
The Birmingham age-herald., 1904-01-08
Pre-Inyentory Sale of Comforts and Blanket

With three more winter months ahead of us this sale of warm comfortable bed covering timely one and one that all housekeeps should attend Blankets.
 
  ale price
  
 
  Bankets  Banke price 
  All price
  
 Comforts.
  with Sale price
   with
 
 
  e Inve ventorySa ale price
The Birmingham age-herald., 1904-01-08

were organized in l792. The coinage of nickels was begun in 1S6e. The latest report from the Minus shows that AS. 84l .054 nickels have been coined since that time value $22. .292. .052.70
The Birmingham age-herald., 1904-01-08

With three more winter months ahead of warm, comfortable bed covering is tin that all housekeeps should attend.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-15
RESTRICTION OF
FREE COMPETITION

We say that congress has prescribed
such a rule, because In all the prior
cases in this court the antitrust act
has been construed as forbidding any COM
bination which by its necessary opera
ton destroys or restricts free compett-
ton among those engaged in interstate
commerce.; in other words, that to de-
terstate commerce was to restrain such
commerce. Now can this court, in rea-
son, say that such a rule Is prohibited
by the constitution or Is not one that
congress could appropriately prescribe
when exerting its power under the COM
merce clause Of the constitution?
Whether the free operation of the nor
NAL laws Of competition is wise and
wholesome rule for trade and commerce
need not consider or determine. Many
persons, we may judicially know Of wis
dom, experience and learning. believe
that such rule is more necessary in
these days of enormous wealth than 1t
ever was in any former period of our
history; indeed. that the time has come
when the public needs to be protected
against the exactions of corporations
welding the power which attends the
possession of unlimited capital
Be this as it may congress has, in
effect, recognized the rule of free COM
petition, when declaring illegal every COM
binatfon or conspiracy in restraint of
interstate and international commerce. If
in the. judgment of congress the public
convenience Or the general welfare will
be best subserved when the natural laws
of competition are left undisturbed by
those engaged in interstate commerce,
that must be, for all, the end of the mat
ter. if this is to remain a government of
laws and not of men,
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-15
ISCUSSES QUESTION
OF COMPETITION

He said that the stockholders of the
o old companies are now united in
cir interest in preventing all COM
tition between the two lines, and
at they would take care that no
rsons are chosen directors of the
lding company who will permit
mpetition between the constituent
the result being that all
earnings of the constitu-
companies make a common fund
the hands of the Securities COM
ny upon the basis of the certtfi-
ties of stock issued by the holding
npany. No scheme or device could
)re certainly come within the words
the act combination in the form or
trust or otherwise In re-
-aint of commerce among the states
with foreign nations or could more
ectively and certainly suppress free
mpetition between the constituent
mpanieS.
This combination is within the meaning
the act a trust" but if not, it is a
animation in restraint of interstate COM
rec. and that is enough to bring it I'M
: the condemnation of the act. The
ne existence of such a combination and
= power acquired by the holding COM
ny as trustee for the combination con-
tute a menace to and a restraint on
1t freedom of commerce which con-
ess intended to recognize and protect,
i which the public is entitled to have
)tected. If not destroyed, all the adj
ntages that would naturally come to the
bic under the operation of the gen
Il law of competition, as between the
eat Northern and Northern Pacific Rail-
y companies, will be lost and the en-
9 commerce of the immense territory
the northern part of the United States
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-15
ARGUMENTS OF
DISSENTING JUDGES

The dissenting justices, including
Chief Justice Fuller and Justices
White, Peckham and Holmes. present
ed two opinions, giving their reasons
for not agreeing with the majority of
the court in the decision reached. The
first Of these was delivered by Justice
Holmes and the second by Justice
White Justice Holmes, in his opinion,
commended that the antitrust statute
is of criminal nature, and said
1t is in vain to insist that this is not
a criminal proceeding. The words can
not be read one way in suit which Is to
end in fine and Imprisonment and another
way in one which seeks an Injunction. /
am no friend of artificial interpretations
because the statute is of one kind rather
than another but all agree that before
a statute is to be taken TO punish that
which always has been lawful it must ex-
press its intent in clear words. So say
we must read the words before US as if
the question were whether two small ex-
porting grocers should go to jail.
He conceded, he said, for the purpose
of discussion, that congress might take
steps not only to regulate commerce,
but also to regulate instruments of
commerce or contracts, the bearing of
which upon commerce would be only
indirect. But the mere fact of an in
direct effect on commerce not shown
to be certain, he argued, would not
Justify such a. law. Referring to the
contention as to the effect the acquisi-
ton of the stock of the Great Northern
and the Northern Pacific Railway COM
Etpanies would have in preventing COM
petition between two roads, Justice
Holmes said:
If such a remote result of the exercise
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-15
NOT SUBJECT TO
CONTROL OF CONGRESS

After quoting many authorities in
support of his contention that the ac-
QUESTION and ownership of stock in
competing railroads organized under
state law by several persons or by
corporations is not interstate com
merce and therefore is not subject to
the control of congress, Justice White
said that the cases in the court are
all consistent, .if only the elementary
distinction upon which they proceeded
be not obscured, that is, the difference
which arises from the power of con-
gress to regulate interstate commerce
on the one hand and its want of au-
thority on the other to regulate that
which is not interstate. Indeed, the
confounding and treating as one,
things which are wholly different, is
the error permeating all the conten-
tions for the government"
Justice White took issue with the
proposition of the government that
congressional power over interstate
commerce includes authority to regu-
late. the instrumentalities of such COM
merce and to regulate the ownership
and possession of property If the en-
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-15
OUTLINE OF THE
COURTS DECISION

After announcing the origin and the
urpose sought to be accomplished by
lie suit, Justice Harlan reviewed the
lcts as disclosed by the record in the
ases, showing that it had grown out
{ a combination of the Great Northern
-ailway company and the Northern
acific Railway company into the
iorthern Securities company. which
liter company was organized Nov. Ii,
901. He then summarized very brief
? the allegations of the government
nd the defense of the Securities COM
any. Of the governments case he
aid:
The government charges that if the
-,mbination was held not to be in violation
the act of congress then all efforts of
he national government to preserve TO
le people the benefit of free competition
mong carriers engaged in interstate COM
lerce will be wholly unavailing and all
'anscontinental lines, indeed the entire
lilway systems of the country, may be
bSOrbed. merged and consolidated. thus
lacing the public at the absolute mercy
, the holding corporation.
- Of the railroad case he said:
The v4raI defendants denied all the
Legations of the bill imputing to them
lrpoSe to evade the provisions of the act
congress or to form combination or
)nspiracy having for its object either
> restrain or to monopOlize commerce
@ trade among the states or with foreign
atoms. They denied that any combina-
on or conspiracy was formed in violation
the act
- Having outlined these preliminaries,
lstice Harlan came Immediately to
lie judicial consideration Of the case
I'D practically indicated the decision
9 the court in the first sentence of the
)inion proper. In that sentence he
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-15
SUBJECT. TO THE
LANDS SUPREME LAW

We reject any such View of the erelaz,
tions of the national goNernment anu
the states composing the unlon; III can J,
the lust authority Of the United States.
Every corporation created by a state IS
necessarily subject to the supreme iaW
of the land. And yet -thezsuggesllona, -
made that to restrain state corporation
from interfering with the free course OF
trade and commerce among the states,
in violation of an act OF congress, rs nos
tile to the reserved rights OF the s.a neSer
to forfeit the charter OF the Securties
company, it may not, declare now us
shares of stock may be transferred on
real estate nor diminish or increase It's
capital stock. - All theses and like mat
tiers are to be regulated Eby the state
which created the coInpanN But to the
viii. as lawfully. expresseds by congress,
It NAV prevent that company In It's ca
pacity as holding corporation and lrus-
tee from carrying out the purposes OF
combination formed in restraint or inter-
state commerce. The Securities. com
pany is itself part of that combination;
it's head and front: its trustee. It Woulo
be extraordinary i the seourI, IN nj eH 1av
it from doing that which If done will
defeat the act of congress. ...1.4
IJpon like grounds the court, without
interfering with the rightsaof ANY state,
can by appropriate orders prevent the
two competing railroad companies 9sa IS here sr
involved from cooperating with the Sc
curities company in restraining com
merce. among the states In short :, Stf3 e
bring about the dissolutiom or suppress
sion of an Illegal combination that re-
strains interstate commerce All this this
can be done without infringing IN any
degree upon the just authority of states.
The saffirmanee of ], the Judgment below is!7
will only mean that no COMPUTATION,
however powerful. is stronger than the
law or will be permitted to avail itself
of the, pretext that to prevent 1t doing long
enactment of congress, is to attack the
reserved rights Of the states Fit W would ita
n Imeat oI' however skiilfdIly such de-
vice. scontrived, and no combination, by
whomsoever formed, Is beyond the .reach
of the supreme law Of the land if such
devicea.or combination by its operation
directly restraints COMMERCE among the
states or with foreign nations in viola
Of no or IF oOD
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-15
OWNERSHIP OF STOCK
is NOT COMMERCE

Justice Whites opinion was of, con-
siderable length and required more
than an hour for It's delivery. He
based his remarks upon what, he said
were the two principal questions at
issue, which were: Does the anti
trust act when rightly interpreted,
apply to the acquisition and owner
ship by the Northern Securities com
panye of the stock in the two railroads?
And, second, if it does, has congress
the power to regulate or control such
acquisition and ownership"
In considering the question Of pow
er he proceeded on the assumption that
the antitrust act forbids the acquisi-
ton of majority of the stock Of two
competing railroads engaged In inter
state commerce by corporation, but
he held that the point at issue really
was whether congressional supervision
extends to the regulation Of the owner
ship of stock in railroads, which is,
he said, not commerce at all. He
dwelt on the necessity for observing
this distinction. He went on:
Does the delegation of authority to con-
gress to regulate commerce among the
states embrace the power to regulate the
ownership of stock in state corporations
because such corporations may be in part
engaged in interstate commerce? Certainly
not, If such question Is to be governed by
the Qeun1I1Ol OF commerce as given III the
case Of Gibbons VS.. Ogden.
He then announced his opinion to be
that stock ownership in a state cor
poration cannot be said to be in any
sense traffic between the states or in
tercourse between them. Power to
control the ownership of interstate
railroads, he commended, necessarily
would embrace their organization.
Hence it would result" said the JUS
tice, that 1t would be in the power
of congress to abrogate every such
railroad charter granted by the state
from the beginning If congress deemed
that the rights conferred by such
state charters tended to restrain COM
merce between the states or to create
a monopoly concerning the same. Be-
sides, if the principle be acceded to it
must in reason be held to embrace
every consolidation of state railroads
which may do an interstate commerce
business, even although such CONSOLE
dation may have been expressly au-
thorized by the laws of the states Gre
ating the corporations
It also, he argued would overthrow
every state law forbidding conselida-
ton.
Justice White said that the evil
sought to be remedied in this case is
the restraint of interstate commerce.
yet the Decree" he said, whilst for
bidding the use of stock by the North
ern Securities company, authorizes
it's return to the alleged conspirators,
and does not restrain them from exer-
cising control resulting from the own
ership. If the conspiracy and combina-
ton existed and was illegal my mind
fails to perceive why it should be left
to produce its full force and effect In
the hands of individuals by whom it
was charged the conspiracy was enter
ed into"
individual is equally repugnant to the
anti trust act with ownership by cor
flor
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-15
HOLDS THERE HAS BEEN
NO INVESTMENT

Justice Harlan set aside as ~faHa-
cious the argument that the acquisi-
ton Of stock by the Northern Securi2
ties company was in the nature of an
investment, saying that there had
beenno actual investment IN any sub
stantial sense. In this connection he
referred to Mr.. Morgan as authority
for the statement that the stock had
been transferred to the Securities
company merely for the purpose of
suppressing competition, and in sup
port Of this statement, quoted the
testimony of Mr.. Morgans in which he
had said that the Securities company
had been created custodian because
1t had no other alliances. es
This" said Justice Harlan, dis
closed the actual nature of the trans
action, which was only to organize
the Securities company as holding
company in whose hands, not as a
purchaser or absolute owner, but sim
ply as custodians were tor be placed
the stocks Of the constituent conn.,
panies." fes =
Referring to the decrea gef the cir
cult court, Justice Harlan said that
no valid objection could be made to
it in form. or in substance, and added;
If there was a combination or conspiracy
in violation sof the acts of congress be-
tween the Stockholders of the Great
Northern and the Northern Pacific