davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1904-10-04

Nebraska Is affirmed" That IS the apphea-
ton by State court Of the NebrasAa coL1--OA
law 70 a corporation engaged in Interstate 81.
me-ee was upheld That was the point .lecI'ie1'
and Judge Parker knows that what JUICES sSS
apart from the exact point decided Is no' i1
law OF the land" as ne sententiousiy saa Hi9
restatement Of the opinion is
Moreover. even II we assume that the Chitsu
States courts would themselves apply the COM
mon law. and not merely uphold its appLcaUoI
IN the State courts 10 interstate CONNER ca M
transactions which was the only point oeteE
mined by the case, however much more Jug
nee Brewers dicta may suggest even sucA ap
pHcation would by no means "anofd Cum
Dlere legal remedy against nlonopolles- 81"
ator Knox shows that though the UnIieu otAISS
courts NAV apply the rules OF the common law
IN lie absence Of federal statutes when private
partiez come before them 10 thrash our IhelI
differences in a lawsuit. the common law can
not prevent persons from making confirms Iolis
and mon0pones IN restraint If interstate CON
r,eree and thai the United States cannot pro
ceed against them az common Is W lie uecldi =
that the statement "a the Presidents letter Is
avaerlv cerracr. and that while the common
law is indeed applied as IN the ease elted bS
Judqa Parker .-an agreement IN restraint OF
trade is not and never was Uniawiui al CON-
mon law in any such sense as that Ihe asIee
.rnent could be nullided by public autnorlly' OF
that persons not parties 10 il could sustain al
-action against IL for damages 1t taxes STAT
me law 10 confer such remedies Even ii
England the common law viii not 90 What
Judge Parker originally said il was adequate
10. Lord Crompron says: No action at com
.snon law VIII lie or ever has lain, against
ANY individual or individuals for entering mo
a contract merely because II Is IN restrain OF
trade" Also, that contracts in restraint OF
trade are not illegal in any sense except Ihal
..rhe law viii not enforce them.
Il looks as Il Judge Parker with his common
law proposition had started our 10 be IN mar
nouv with the New-York platforms demand
for State regulation Of corporations chartered
by the State, yet did not dare openly avow mn
self 10 be z. protector Of the trusts and against
Efficient national regulation. When II was
shown that his common law regulation meant
no adeouate federal regulation at all he seized
upon some phrases 70 save himself. and the
only result is an exhibition Of the distinguished
inrisr citing court decision which is not per
rinent ike the merest smart practitioner, ana
referring 10 case which does not mean what
he evidently intended the people 10 think II
meant
New-York tribune., 1904-10-04
NEw.yoRK DArIY TRIBUNE TUESDAY. OCTOBER 1909

cent was effected. In California and New
Mexico the difference would probably BE- even
more conspicuous. whereas in the North Al
lautie States coal IS at present the cheaper
In a number Of ways the convenience WHICH
mas attended the use Of liquid fuel on l0coIao-
tives would he paraIleIed in the navy A rfesh
supply can be taken into the TANKS OF an en-
afne or n shin with great ease Consumption
can be readily adjusted 10 meet fluctuations III
the demand for steam There is no trouble ia
forcing fire in emergencies and II Is alleged
that higher speeds can be maintained with oil
than with coal On the other hand there are
some questions which have not yer been salts
factOrily solved, and which need further stndy
before liquid fuel can be heartily commended
for the navai service There il much uneer-
tafuty at present about securing supply on
short notice [ Under forced drauSht combustion is
imperfect. and smoke Is emitted. The difficulty
can be remedied by allowing more space for
The boilers bur without such change OF design
the detection OF vesseI-a small and defence
less destroyer, for instance-would be pOssi-
BILE Still another modification in the arrange
ment Of q warship is demanded. IL an enemy :
shot goes through coal bunkers their contents
are unharmed. Puncture an oil tank, ana the
effect would be more serious It IS highly de-
sfrable that liquid fuel he stored at 4 lower
level than coal.
The merchant marine could disregard the iast
two. and perhaps all OF these objections. A
vessel engaged in peaceful pursuits would be ID
little danger Of having her sides pierced by
cannon ball: and would be still less eiAoar-
rassed by a display Of smoke. Moreover one
running regularly between certain ports-say
San Francisco and YOkohama-would ENJOY Det-
ter facilities for obtaining liquid fuel than
warship, which is practically tramp Already
in the East several steamship lines rely exciu-
slyely on oil, and it is hard 10 see why there
should not be q great extension OF its use IN tne
transpac cifc trade. California should be able
TO meet requirements OF this kind promptly and
adequately.
New-York tribune., 1904-10-04

~ TEI.g lHaFHl 20 TsF8 TEIBI yE-I
Virginia Hot Springs. Va. Oct a-Mr. and lI-s
Seth Barton French Of NeW-Tork VII give din
ner party for the Duke % Newcastle tomorrow
night AT their villa Th.s afternoon the duke
Was the guest OF hOnOE AT a tea given FOR him
AZ Flag Rock. The air was clear and the view
Ane from that height Some OF the party rode
horseback They we're Mrs French r o. HiIIiard
the Misses Dunn. Miss Gsladvs ingalls, Miss On
deEdonk. Hugo Johnston CeciI Barrett and Others
Those who drove with the duke Mrs Lanier-
Dunn. Mrs Walker Fearn Sehor and Senorita
Lcsenr AID ". F. Haunawiak4l
one o. the Nsw-York papers reported Ms George
Law. OF England. here. but she has not arrived
II IS said that M-s. FoxhaH Keene VIII be here
in a few dsys
New-York tribune., 1904-10-04
THE NEW JAPAN.

A brief article IN The Monthly Review" Of
London by Count Okuma under the heading
The New Japan" would attract attention at
any time. but IS Of more than ordinary interest
at present as being d brief Of Japan's case as
presented before the court Of international opin-
ion by one Of her foremost statesmen Count
Okuma- il may be promised is one of that re-
markaDle group known as the Elder States
men, the other members being MARQUIS Ito
Marquis 4amsgata, Count Matsukata. Count
lnouye aid Count Itagaki. Count Okuma is the
nnancier Of the group. the Alexander Hamilton
OF the new Japan, for which by the aid Of
count SOyeshima translator he spaaks IN
the pages Of The Review" The count In tho
hrst place, feels it Necessary to review the cir.
eumstances which brought about the closing of
Japan against foreigners for two centuries ana
then 10 state why il was re0pened half a cen
Jury ago upon the initiative Of the United
States. The japanese he asserts. while striv-
ing hard 10 preserve their national character
isrics. have always been disposed 10 mingle
with other races. and he points ont thar rbe
Aanaio AlngouL as the japanese call their
race, IS an aggl0meration or several tribes or
races. which came from the west and the
sortL and the north, and therefore bv their.
NATIONAL character We're inclined 10 no race
prejudice Moreover. our national character .
says Count Okuma, had always within itself
me germ Of liberalism and therefore was
never governed by a set Of narrow Ideals con-
eeLnnlng the customs. laws. religions and liter
.. 1llIe OF other nations which. If they were
sooa' We soon adopted and assimllated with
''OW own" -
Doubtless Il is with ,e-,o,.t .,.,.eao.,.-
s-l Al.la describes this national character
- - q NAieH ne As leader Of the progressive
pAfly, may De regarded as an example. There
s so1ae1Alns eiso closely resembling hint IN
Lhis eharaeferization Of Japanese character that
Europe. ana especially America. may be in
s .sl.leo y Ilo-s as exclusion laws against Chit
- - SP1-ess may yet become at ID dis
tant date much more Serions matter mar
they were when the Far East had not demon
s1rzted tnaT u was ready 70 deal on equal
terms win any Western power Whether tie
counts claracrerization Be sutsnsas - bsrted.
as an Indirect reaection upon Western exrlu-
a-yeuess ~ s-1.z e. a statement es fset. lie
New-York tribune., 1904-10-04
rFaoaa ran rRIBuNz BUEEAU.l


v-asAfrstor, oct S-The Presidents callers to-
day Included Charles Pags Bryan. American Minis
Ter 20 Portugal and Lawrence Townsend. Minister
- Belgium.
Edwin r. Barr OF New-York, introduced Dr.
Eugene Chariot inspector OF technical education
IN France and Louis RoUre OF the same country.
new serving at St Louis a member of ths
Mterna tiouaI jury q award.
Z w Trimmer formerly American consul a.
Blueheids Nicaragua who has been transferred 70
cape Cfracias called accompanied BY A1r DIETRICH
wno has interests ia south American countries
8r DIETRICH recently brought to the United States a
number OF Indian children from Nicaragua sad they
have been placed in Washington schools Among
them are Prince Fernando, nine years old. and his
sister. Princess Isabella. Two years Younger, ehil-
dren OF the King Of the Mosquito tribe They were
presented TO the President yesterday by Ar. Del
uich. AS the youngsters were introduced. they
said: How do. President both being excited
thar they forgot the eoaehng received beforehand
Mr. Roosevelt was much interested in the little
people
Other callers to-day we're J. W Ivey. OF Alaska
and Lieutenant G. B Emmons Of the army. who
was assigned by the President 10 study the con
ditiou OF the Indians Of Alaska. and has just re-
turned from that territory
Senator Ball. OF Delaware. Presented to the
President party Of friends from that State An
other caller was ex-senator Wilson % Washington.
who has lust come from the Pacific slope
The President paid his daily can this morning
TO inquire about the condition Of Postmaster Gen
eral Payne
New-York tribune., 1904-10-04
TRUgTg AyD TIE COMMON LAW.

No man understands more thoroughly than
ex-Art0rney General Knox the status Of the
trusts before the law, and no man can with
more auIhoriTy set fhe public right on the aues-
fiOns raised BY Judge Parkers statement that
The common law. as developed, affords a con-
plets legal remedy against monopolies- IN
his notable speech ar Philadelphia Senator
Knox takes Up Judge Parkers original declara-
GoE. The Presidents statement and Judge Par
kerls rejoinder. and carefully shows what the
law q, giving due weight 70 the case cited bv
Judge Parker. but pointing out how far short
4 fsl Of 5ustifying the statement that the
common law affords q complete legal remedy
against mon0poles." Judge Parker is treated
win entire courtesy BY Senator Knox but any
body who carefully considers the exact point
decided II the HestErn Union Telegraph Com
pany vs. The Cali Publishing Company. re-
6sTHes 70 by Judge Parker, cannot resist the
culclnsi0n thar at least he carelessly seized
upol thar case. without considering its real
meaning simply Cor purposes of ret0rt, If he
ci1 not CisinEe1uOuEly count on the readiness
g lzyDen % EEcept q legal citation BIZ a dis
rlE-lshed jurist and their inability % tell
w1erne- an alleged authority meets the issue or
10E As a Dzttsr Of fact. the case cited bv
Judge Parker does not meet the issue. as Demo-
crane lauyers who are earnestly supporting
hin have admitted.
he Western Union Telegraph Company vs
the CAL Publishing Company Wss an 1puesI
from the Supreme Court Of Nebraska. The
STATE court had. under the common law Of
she STATE. rendered 4 verdict against the tele-
graph company foz discrimination n rates On
appeal ths telegraph company set I'D that as
2 corporation engaged in interstate commerce
Z was not slbject % the common law OF Ne
hrosz1s ana that as there was no national CON-
ma law it was subject only % the federal
sfHruie law. 4here was 10 federal statute law
s1esecu1g co1Do1 e1uiers % the ordinary OBJ
ls21ons pt ths-r business n lis opinion Jus
tee BrexeS sid:
There ls 70 bocy e federal common Law sep
tt-lt as distinct from the cou1noa law exist
- = t-e several States II the sense that there
- Z Nn1N = sthf-1e law enacted BY Congress
e~serAse ana ctSt-0ct from the BODY OF statute
~ t1la-le1 ~ t15 several States. But q ls al
ttAf-f cl1er~1ft thing 10 nolc that there lie no
.94l--Aoss Jaw u force generally .hrouehout the
--ltec states. and that rE.e e0uo-I~sx uultt-uss
~ -L1erszA-e commercial rrHnszr tons are sub
t~-t te no Tescr1cricrE other than those exc
PTessec y Tie Statutes OF Congress- We
hfr tl~aFsN CT Dp.zlNn tEet ,hIs cannot Oe 50
@Ac f1st The PRINCIPLES @ The common law are
"rsrs1+Ne ucor a.. Interstate corrr,erc!aI trsrx-
tcIloffs except - ta- they are modified y
Son6re-elo1AAI enactment.
Accordingly the decision OF the court was
l-@5 lie dS--ent n. ia s.rgsue Court o:
New-York tribune., 1904-10-04

rnaI-as fr clear IN his article that Japan was
iustifed after her experience with portuguese
missionaries two centuries ago. in closing her
doors To the foreigner until she 0peAeu tEelh
when Commodore Perry's expedIfloh COW Vlleeo
her that all foreigners were not alike and t-at
If would be 10 her advantage 10 avail herself
Of the fruits Of Western civilization. In defence
of the character o. the Japanese as 81. Francis
Xavier found them. he quotes from letter OF
Xavier himself TO the Christian Society or Goa
in which he savs: The nation with which we
have 10 deal here surpasses IN goodness any
of the nations ever discovered. They are 0f a
kindly disposition wonderfully desirous Of
honor. which is placed above everything else
They listen with great avidity TO discouFses
about God and divine things.
This IS high tribute. and that II was Oe
served is amply attested by other evidence and
indeed. bv japanese character as 1t IS known 20
the Western world to-day. II is with pardon
able pride this descendant OF the old fighting
San1lrai class adds: a nation which possesses
~ written history Of twenty-five hundred years
zone which has never had to endure any humi-
-aton at the hands Of foreign Invaders, would
naturally have no prejudice against other ma
lions, and consequently our nationallsm has no
narrow. selfish meaning
The argument as the reader has no difficulty
in perceiving Is al adr0it one-Ramely 10 show
that In opposing Russian ambitions and aggres-
siUns in The Orient Japan has been moved by no
race prejudice or dislike Of foreigners, but sim
ply IN defence OF her own existence as an tnde-
pendent nation. Russian occupation Of Corea,
or indeed any other nations occupation Of the
neighboring peninsula. naturally would be re-
garded as Il grave menace 70 Japanese inde-
pendence and prosperity That japan was
prompt TO see this and 70 resist if at the outset
and 10 the uttermost is entirely 10 her credit,
and in the conflict OF national ambitions she
has shown that she IS abundantly able 10 take
care Of her own interests.
New-York tribune., 1904-10-04

he full report Of the tests made under the
auspices OF the United States Navy 10 datar-
mine the relative efficiency of coal ana cruda
petroleum as fuel has just appeared VI print
An inquiry equally thorough has never before
Deeh made IN this country, and much Of the in
formation secured viii be servieeable IN Pail
ROAD companies, owners Of merchant steamers
ana persons who mediate the establishment of
power plants either for the generation Of aIac.
ula1y or Tor manufacturing purposes The
relative merits OF a variety Of burners v,-ar. H.
examined by The government. and the rasrlts
obtained increase the practical value of the ra
port
The experiments were made with a v.,+ar
tube boiler OF the kind which has been aaoDtad
Tor cruisers or the Denver class Coal was used
In seventeen ana oil in sIxty-nine. The aver
age amount OF water evaporated bv 2 poapd 81
coal was nine pounds. while twelve and a botf
pounds were evaporated by the same auanttt,-
OF petroleum. Weight for weight then the lat
Ter showed a superiority of about 40 par cent
II should be added that POcahontas coal and
Beaumont oil were employed in these tests
Had either the solid or liquid fuel been OF an
other quality. of course the ratio would have
been different
IN determining which Is the more economical
II Is necessary TO consider nor merely the uriee
at the place Of production. but also the cost
OF transportation to the place Of consumption
The Atehlson. Topeka and Santa Fe Railway
Company once operated twenty-five freight en-
zines continuously for a month with coal eost
ing 50 g a ton. and then for another month
With petroleum which was bought at 81 "a :
barrel 1t was found that three and a haIf
barrels OF the latter Involving an expenditure
oI s. Ga would do the work Of a ton og fha
ternez By the use OF oil a saving os IS per
New-York tribune., 1904-10-04
DAVIS ON TIE RACE ISSUE.
An Unwise and Untrue Uttsranes,

From The Boston Herald Denl
In only one matter does he ClIr. Dayisl undertake
more than was undertaken by his chief We reIer
TO the paragraph IN which he alludes 70 the r.
pearing race issue" The issue has not been re-
habilitated by the Republican party The Hepub-
hcan party vas doing nothing 20 ertag II INTO
prominence again. when the Democratic party oT
the Southern States set about its new crusade
against the colored citizens IN the Southern States
depFiVinG them OF the suffrage which Iney nad en-
loved under the laws. national and State. since
these States were restored 20 the CnOa upon their
express acceptance OF the war amendments % the
the relations OF the races their own borders. and
practically deprivtng them OF the right 70 hold
office receive employment n national OF local
adrHiuistrat tions-
President Roosevelt has been more ehary and
careful than any Republican President since the
Office in the South When the Southern Democrats
resolved that coOTed citizen should be 50 recos
nized they raised the issue Of which they complain
when the slave power making its S1eau% en-
cr0Rchments ON free territory Il then always -
the primary fault and the provoking cause or peit-
icaI unrest.
Judge Parker sagaeiousIy ignored the Repub-
OF tire conditions that have been created. not by the
Republcan party. but By the Southern Democratic
party by which the latter has arrosatea @ i-ssL.
IN the ma tiaual councils that any Northern Sttts
have. based its constituency OF VOlers- At
issue In a manner thar viii not aid the Demo
cratic party where it most needs AID however az
SePss51s ~ s,-sS S S55s,ton ~ t s rSs 5arty
at the ballot box HIS assLrDutinn that n0b1ly
who questions the rishtfuness Of the methods by
DenOcrsTic can be a lover of MS country - q
lbe on the patriotism o. appruNiraately r0thirds
Or hIs countrymen. Judge Parker may hold the
sauss o1nion 30 Which Mr.. DAVIS Senater Tilluian
and GSpvern1r NaFNaInau nave given urteruuCe. but
n has wisely kept silence On the puiut.
New-York tribune., 1904-10-04

To what phase Of cur foreign policy and to
what use Of the navy do our opponents object!
Our foreign policy has been noS only
highly advantageous 60 the United States, but
hardly less advantageous 70 che world as whole
Peace and good will have followed in its footsteps
The government has shown itself ne less anxious
to respect the rights Of others than insistsnt
that the rights of Americans be respected N
return. As for the navy, it has been and IS now
the most ootsnt guarantees of peace, and 4 IS
such chiefly because il is formidable and ready
fer use president Roosevelt.
New-York tribune., 1904-10-04
PERSONAL NOTES FROM WASHINGTON

EFRoM TaE TRIBUNE nURFAUI
Washington. Oct. 3-1Irs Richard Townsend and
Miss Townsend have closed their visit 20 Bar Har-
Dor and are in New-Yorl for q few DAYS before re-
turning Washington
General oliver Assistant Secretary Of War. has
gone 10 Albany 70 bring his family here FOR the
winter.
Dona Maria de Calvo. eldest daughter os the
Costa Rcan Minister. win be presented % society
in December Sehorfta CalvO graduated from
the Washington Seminary last June. but is con
tinuing her studies.
Rear Admiral and Mrs Dichins are spending a
few days IN Washington with the latters parents
Commander and Mrs. Reamey have returned fron
Europe and Feopened their house IN N-st
New-York tribune., 1904-10-04
MAS. AND MISS LEITER BEACH ENeL Avn.

Dover. England. Oct. s--Tne Red star Line
steamer Fadsriand board OF wh.ch we're Mrs
Levi Z Letter and Miss Mamie Letter mother
and sister respectively OF Lady Curzou arrived here
ar I 30 .. m Large crowds waited on he pier n
watch the arrival 81 tne Letters special render
went out and brought Mrs and Mss Letter ashore
where they were met BY the Mayor % Dove Az
- D. m the Letters went on boarf re s1erisI
train which was il writing and were soor speeding
On their way 70 WaImer Castle
Waluer Castle, Kent Oct a-Ths doctors buUe-
tin issued az le-l0 o'clock this morning saws.
Lady Cu-zon passed good niEhr. and her prog
ress Is satisfactory
New-York tribune., 1904-10-04
A 4sossr As A aEFoRMER.

Frum The New-York Evening Nah
II il not likely that the man Waogl e. -
rr1fie revrEuaDeF represents a. ~ G1st1---e-
Itf.aI Operator and another as tnS ~ ~
- 80 7IS-srea Ne vrrsi uoliJiclaIs- ana q s--l
~ DarDerrnrnE q scandal BY his 4l-s
and two others compare 70 MctAaae - - sss.ssS5--
afternOan The attempt of these ueset1lss-5a -
and The aIfCurs OF another Tilden aoailLts-lA
rI.s tierOr0Is professions q the candidate - -
speech o. acceptance then. and oUry nis -.
their condemnation IN IT'S pGraErlpns - -
gfve as their EFFORT picture IoFcl an lls- -
ernor in Herrck's qualities. oy ellIllllsa--7 ~
fhosa I1usCrrIu7lIolI t1ouiueeEiug and pOl-is--3
desperate traits tha1 they have theIlselyes 1ssss
and leaving only the ulsslsr20l tf1A-s -l--- -
s1rned 10 characteFizs any oosz-
New-York tribune., 1904-10-04

s. Petersburg. Orr 9-snhaszaGor 5fcC-oruiclc
has secured leave % absence 70 60 20 the U-aice9
States urgent private business. He leaves this
cirv Thursday and win step IN Berlin 70 consuls
the japanese Minister there rgardns the repatrfa-
tion o. the japanese refugees Lr N-Cc-uick
viii sail from CheFo0urg On the Hamburg American
Line steamer Deutschlsrd CT October r. ard pro5-
ably viii Be away from his 9cst s1r SIX weeks Ths
Diplomatic sitIIa .tou s aae-- the question: o coa-
traband q war saving passed the acute stage I'D
there are no important questions likely % ar.-..
During Mr.. McC0ruick's absence Secretary Spencer
EDDY VIII act as charge dafai-es
New-York tribune., 1904-10-04

Among the passengers sailing today on Els
Kaiser Wilhelm II for Bremen are
Cauu- Cfnt -Dr aua Mrs AaaIe lIa-cuss.
Ala1or AisEanas- r Davis GsoEss von I Nsysr usi5s@
Colonel G. A. hughes Ms Pre-
Prufes-or Dr. Eichard E5a- Field Narshau Rarzslhclz
Dr. cha-Ies Na-rsHs. lIarsgiss Sc WsHsus-ra
n Siddons NDVraFaE- Professor Dr.. Fsr--nand Llr-
Professor Richard Muller. keL
Professor A. WanzaL
Aucng the passengers sailing to-mcrrow ths
Potsdam for Rotterdam are;
Professor : H Van HoR Dr. Georgs r sheas
D and Ms. J z, Hoover Professor Eilso De Vries
Miss Penelope Peterson Dr. :. r. Wsslsrvelt
The Rev. 5. EydleWsE1 Psofag10r Dr. J. e Aapre-1-
on the AroItks. sailing today for Ham5urs
Dr. and Nrs. william c Ths Couzssss n vga sstsssl-
Law M ard Ms. Ehsod1r T1rsr-
Professor B. Osam Mr. and Nra " A upaam
Among the passengers sailing to-day On the P-inz
AdaIbeFt for Naples are;
Joseph Courvetslsr- Professor NashHHisl schmidt
Professor A. WldnaleF.
The Red star line steamship zssland arrived
last evening from Antwerp. Among hsr passengers
were
Genres ran4sn Nr ard llrs. c. PurzsL
CaIJaia william siaHan PFotessoF ana A-4 = ~
~ s R1n,e- Mr sad Ms. George r Par
Mr. and Mrs. Aiae-r Ils-ss-- s--r. v.-.-. -.,,.u
Dr ! Mailer lEisa Henrerra SsaWe4-
The Atlantic Transport Ins steamship Alnns-s
oils. which arrived yesterday from Lonall,
among her passengers.
General and Ms s L Rear AaH.sS5 II =
NJ, q = v-.,,f,rs pr ana Ilrs J P CTozsT
LisuIsn.HI F g = pa -, s5s Ma K oyBhazE
Mss n Follstte-