davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1905-01-31
MOODY ON THE DECISION
Government Sustained at al Points
Enforcing the Lac.

Washington. Jan. 30.-speaking of the decision
o. the Supreme Court In the Beef Trust case.
attorney General Moody said:
Il was present IN court when a synopsis Of the
SeIslon was stated orally by Mr.. Justice
- MONIES There is no Improperly IN my saying
.lA9 as understood that statement. the opinion
s-sl4lns IN all respects the contentious Of the
Sotetninent and sfiTIns the decree OF the court
SslCS IN all substantial particulars. The court
ssclles that the traffic in livestock transported
- 1.ys the State or Territory Of its origin to an
sGAer State for sale and held there for sale IS
tllslslale commerce, and that those engaged in
Sus4hg and selling such livestock are engaged
a. interstate commerce This question has been
sel0re the court twice before, but wss left un-
sss41ea because the cases IN which il was pre-
e5,-eo turned upon other considerations.
lie decision condemns as an unlawful re-
..aatht o. trade the combination between indie
gsAueAt dealers TO suppress all competition IN
AZ az purchase Of livestock thus situated 1t con-
eslLhs as an unlawful restraint OF trade the
-, - Ditlalon between such dealers for the pur-
s'se cI liking and maintaining uniform prices in
~ ~ ssle Of meat throughout the country; II
ol4elifs as an unlawful restraint OF trade the
~1llDlnatlon between such dealers 20 obtain
Preferential rates for the transportation OF their
s.gauct by common carriers. The decision
.s--AeS II clear that all combinations between
-. spefloent individuals, partnerships or corpo-
,-tions engaged IN interstate commerce. by
-Mca competition between them in such COM
.soI-e Is suppressed. fall under the prohibition
p" ihe so-cal}ed Antitrust act.
AZ tnls case the opinion OF the court was a
New-York tribune., 1905-01-31

unanimous one. There is but one precedent for
@ ol.s OF She cases brought under the Antitrust
act ana that is the Addyston pipe case or
me ene oSher hve cases brought by the government
una oecloed by the Supreme Court two cases
the Hopkins case and the Anderson case-yvere
decided against the government; and three
cases-the Joint Traffic Association T>ransmis-
souri, Freight Association and Northern Securi-
ues cases-were decided in favor of the govern
ment by a vote Of to of the justices
Mr.. Moody declined to say anything with ref.
erence 20 any future proceedings in this or anv
other antitrust case. But the closing words Of
his oral argument before the Supreme Court in
this case are regarded as important and Sig
nificant. The Attorney General said:
can only hope that when the law shall have
been declared. these defendants will observe it
IN spirit well in letter All men have an
interest in the supremacy of the laws-none so
great interest those who, like the de-
PENDANTS, great properties and control
great interests; they should inculcate by precept
and example: they should cling to, as to the
rock Of their salvation, respect for and obedi-
ence TO the law of the land.
New-York tribune., 1905-01-31
MACHEN'S APPEAL LOST
He and Other Postal Grafters WM
Soon 90 to Prison.
fFK,M THE TRIBUNE HUREAU-l


vUasbinzton Ian 3O-The United States Su-
preme Court to-day removed the last legal OBJ
stacle ingeniously erected between August w
Machen the magnitude of whose thefts from the
Postofnce Department had won for him the title
of prince of Grafters.' and the penitentiary
The court denied the petition of Machen's coun-
sci for a writ of certioraTi in behalf of their
client and his accomplices George r. Lorenz.
DIner B. and Samuel A Croft. This evening
Machen's attorneys have given up the fight. and
announce that they have exhausted the re-
sources OF technical delay in their efforts TO pre-
vent their clients from serving the terms 20
which they are sentenced and paying the fines
imposed.
The decision of the Supreme Court is well
coined by the prosecuting officials because OF
the salutary effect il is bound 10 have on other
federal officials who may be tempted TO defraud
the government, because II establishes the cor
rectness of the governments contentious. and
because they believe 1t Will make for the expedi-
tious conviction OF others. including George w.
Beavers who are under indictment aud await
ing trial IN connection with the POstofice scan
dals.
Prom the first. Machen has adopted a dsfianf
New-York tribune., 1905-01-31

attitude, has exhibited large rolls OF money IN
public places and has openly declared that no
man of his political influence could ever be sent
to the penitentiary. He has indulged in extrava-
CANT threats regarding the high officials whose
conduct he would expose If he were subjected
to the penalties Of the law. and has In every
possible way constituted himself an evil exam
pie for others who might be tempted to follow
in his footsteps, until he has practically ex-
hausted the natural pity OF those connected with
his prosecution.
Other salutary effects Of the final disposition
of the Machen case are the encouragement Il
gives to those charged with the responsibility
Of further prosecutions and facilitating their
work by demonstrating TO the government wiz
nesses that the cause OF justice is certain 70
triumph IN the end, and that they have nothing
TO fear, as has been often inttmated from
the political influence Of the offenders to be
erted once they had escaped the tolls Of the
law.
The legal principles established by the action
of the courts in the trial Of Machen and his as
sOciates will prevail TO a greater or less extent
in the prosecution Of other postal offenders. and
to-days decision augurs well for the further sue
Nachen, who was formerly superintendent of
Free Delivery IN the Postofdce Department:
Lorenz and the Groffs were jointly indicted in
June. 1908. the particular charge being the sale
of letter box fasteners to the government by the
Groffs through Machen at 81 % each. when they
really worth only 40 cents. LOrenz was
accused Of collecting 40 per cent OF the amount
paid to the GrOffS for the benefit OF himself and
Machen. They were convicted and sentenced to
two years Imprisonment and fine Of $4,000
each. All the defendants are out bail. and
will surrender to the federal authorities here TO
be taken to the Moundsville Penitentiary when
ever the mandate of the Supreme Court comes
down This will take several days. and possibly
a week
There are numerous other indictments pending
against Machen. LOFenZ. Beavers. and other per-
sons for postal frauds. but in the absence or
District Attorney Beach to-day from his Office
the procedure that viii be followed in these
cases cannot be definitely outlined No cases
growing out of the postal investigation have
been taken up in the courts here since the
Machen conviction. in order 10 await the action
OF the highest court on the general issues IN
volved. It is probable that some OF these cases
Will be prosecuted soon
New-York tribune., 1905-01-31

COURT TAKES THREE WEEKS RECESS.
washington. Jan sO.-The Supreme Court OF the
limited States to-day took recess for three weeks
New-York tribune., 1905-01-31


Section establishes the Court of Transporta-
ton. to be composed Of five circuit Judges of the
United States two of whom shall be from
the judicial circuit. They shall be desIg-
mated by the President for terms of one two.
three, four and five years respectively from
April 1. 1905. and their terms expire the
President shall from the circuit judges appoint
their successors for terms of five years each.
Section provides that this court shall hold
four regular sessions annually in Washington
beginning the first Tuesday in March. June
September and December. Special sessions of
the court may be held at other places when
justice would be thereby promoted"
Section authorizes the President TO appoint
five additional Circuit Court judges no two os
whom shall be from the same judicial circuit, to
exercise the authority and powers and perform
the duties now required by law of a Circuit
Court Judge
Section 10 grants TO the Court OF Transporta-
ton exclusive original jurisdiction" in all cases
brought under the provisions of the bill and also
the Interstate Commerce act. 1t also provides
that proceedings TO force contumacious wit
nesses to attend and testify produce docu-
mentary evidence before the Interstate Com
merce Commission may be brought in any court
of original Jurisdiction
Section IL extends to the Court OF Transporta-
ton all the powers of a Circuit Court of the
United States. so far the same may be ap-
plioable
Sections II and 13 provide:
That in every suit or proceeding brought In
the Court OF Transportation to enforce orders
rulings requirements of the Interstate Com
merce Commission, or to restrain, enJoln' or
otherwise prevent their enforcement and opera
ton the findings of fact made and reported by
the commission shan be received prima facie
svidsnos- OF each and every fact found. and no
New-York tribune., 1905-01-31
FORTIFIES SHERMAN ACT
81 Long Step IN Direction of Eff
fectuaL Government Supervision.
Tpr cELEoaApH no THE TRIBUNE. l


Chicago. Jan. SO.-Judge Grosscup expressed HIM
self highly pleased with the decision of the
United States Supreme Court upholding his ruling
against the Beef Trust
"The decision" he said establishes the right
OF the government to prevent combinations among
the manufacturers of meats. 1t fortifes the SEer-
man act 1t is q long step in the direction of ef-
fectual government supervision
1T effectually clears the decks for what 1 be-
lieve will be the next really great national move
ment. the organization and supervision. by the ma
ton itself of the great corporations OF the future
There was never any doubt in my mind said
Judge Kohlsaat. that the Supreme Court would
uphold Judge Grosscup. This decision must be
highly pleasing TO President Roosevelt, as it opens
a road to great possibilities along the lines OF a
cure for the so-called trusts"
John S. Miller, who represented the packers in
the Beef Trust litigation had this TO say of to-day
decision ct Washington:
The decree affirmed did not find adjudicate
the packers be guilty Of violation Of the Sherman
Antitrust act, but applied altogether to the pre-
Vention of future violations. am advised by my
clients that they have not been and are not enter
ing into carrying out any such forbidden agree
ment or combination 1 think the decree of the
Supreme Court extends the scope of the Antitrust
cision. 1t would seem permit the federal courts
upon very general terms. to prevent future viola
The one main objection raised by the appeal was
that II placed the regulation of interstate COM
merce to very large degree. in the federal courts
IN equity, without the necessity of presenting TO
contracts or transactions All 1reyious cases dealt
with the question of violations of specific contracts
That would seem TO be step in advance of former
District Attorney Bethea declined to discuss the
opinion in detail until he received an official copy.
Attorneys for the big packers refused TO make any
comment as TO what action would be taken on the
of the order reached them. Representatives Of the
packing houses also refused TO make any state
Ilents, regarding tho decision or their attitude
toward the source.
New-York tribune., 1905-01-31
NOT AFFECTED BY DECISION, HE SAYS

Samuel Well secretary Of the Schwarzsohnd s.
Sulzberger company, said last night regarding the
decision OF the Supreme Court in the Beef Trust
case:
I have read the decision Of the Supreme Court in
the papers, and the charges summarized by JUS
1ce Holmes. and must say that If such conditions
exist as there stated have knowledge Of them,
nor has firm. We independent COM
pany anyway, and the decision does not affect
Of course. have nothing to say regarding the
decision itself
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03

The opening of the Lewis and Clark
Centennial exposition appears to have
been suspicious and the indications
are that it will be one of the nations
successful fairs. While. on not so
pretentious and elaborate a scale as
she worlds fairs at Chicago and St.
Louis, it will serve to bring particular.
~ to the attention Of the world the
resources of the far west country and
the Intermediate states through which
so many persons will pass in visiting
this exposition, with profit. It is for
this reason that it is especially desir-
able for the State of North Dakota to
have an exhibit since the best parts
OF this state are not always upon the
lines OF railroad passing east and west
through its territory. Travellers who
pass through North Dakota enroute to
the exposition should and will find.
when they arrive at the fair, a well
displayed exhibit of the resources of
this state. This will give a better
Idea OF the possibilities here than
would be obtained from the car win
COWS either going to or returning from
the exposition.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03

The Great Northern Railway COM
pany will take delegation of North
Dakotans to Seattle sometime about
the middle of July to welcome the
Steamship Dakota, which is now on
her journey from New York around
the Horn to the western seaport. Gen
eral Passenger Agent Stone of the
Great Northern will probably be in
charge of the arrangements and the
party will include Governor Sarles and
family, number of the state officers
and their wives and prominent citi-
zens Of the state to the number of
fifty Or sixty. Invitations will prob
ably be sent out by the Great Northern
passenger department, and two Great
Northern sleepers will be placed at
the disposal of those who are fortu-
aate enough to be invited. The ex-
act date of the trip has not yet rbeen
decided upon, but it will be somewhere
about the second week of July. The
citizens who make up the party will
probably purchase some useful and
necessary articles for the ship and
present it at the time of their arrival
In Seattle. A luncheon upon the big
boat and a side trip to the Portland
exposition will probably be among the
features Of the excursion, which will
last probably ten days.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03
New CORPORATIONS.

The Paradise Mining Co., Minot, N.
D.; capital $4,000. Incorporators, D.
J. Lloyd, Burlington, N! D.; J. A..
Erickson, D: E. Greenleaf, Minot, N. D.
Saint Peter German Evangelical
Lutheran church, Sawyer, N. D; In
corporators, VIM. Habeck, VIM. kim.
pei, Conrad Busch, Sawyer, N. D.
The Bismarck Steam Laundry Co.,
of Bismarck, N. D.; capital $4,000.
Incorporators, Albert F. Marquett, Will
liam B. Couch. J. E. Anderson, Clark
A. Burton, Bismarck, N. D.
Mcintosh County Creamery, Ashley,
N. D.; capital $4,000. Incorporators,
John Geiszler, Louis Rubin, Gottlieb
schock, John Klipfel, Ashley, N. D.
The Fargo Foundry Co., Fargo, N.
D.; capital $4,000 Incorporators, T.
L. Sykes, Fargo, N. D., H. J. Kellman,
L. W. Parsons, Litchfeld, MINI.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03
Bids Wanted.

Notice is hereby given that sealed
bids will be received at the office OF
the county auditor of Burleigh county,
N. D., up to 10 o'clock a. M, on Tues.
day the 9Th day of June. 1905, for the
following described real estate With
the improvements thereon; the sail
property having passed into tie
possession of the county by reasor OF
unpaid taxes thereon and is desr Sibed
as follows to-wit: T.
Lots one (), two (2), three (3),
four az, five (5G and six (6),
block forty.hve (45), Of the origin.
al plat of the city Of Bismarck,
as the same is recorded andSof record
in the Office Of the register Of deeds
Of Burleigh county, N. D.; Commonly
known as the Grimm property
The terms OF said sale are cash.
The board OF county commissioners
reserve the right to reject any and all
bids.
BY order OF the board of county
commissioners.
T.. w. Healy,
co. Auditor, Burleigh Co.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03
Supreme Court Decisions.

Houghton Implement company, ap-
pellant, VS.. Thomas Doughty, respond
ent.
This was an action for the recovery
of $3.50 and interest, the purchase
price of one rs h. p. lightning-balanced
gasoline engine, sold by the Kansas
City Hay Press & Machinery company
to the defendant on August %, 1902,
and the plaintiff is now the owner of
the claim for said purchase by due
assignment thereof to it. The engine
was sold under a written order provid-
ing for the giving of secured notes for
the purchase price. The engine was
delivered to the defendant on August
%, 1902, and kept by him until the
trial. Prior to November 6, 1902,
plaintiff wrote defendant in regard to
settlement for the engine and on that
day the defendant wrote plaintiff re-
fusing to settle for it. The suit was
thereupon commenced, and the de-
PENDANT claimed among other grounds
that the engine was purchased under
a warranty of the quality and proper
construction and that it was strictly a
first-class engine in every respect, and
would give perfect satisfaction; and
that 1t did not comply with such war
rant and was worthless and Of no
value. Damages were also claimed by
defendant for freight on the engine.
Jury found for the defendant. Plain
tiff moved for new trial which was
overruled. The contention of the ap-
pellant is that the evidence is INSULT
cient to justify the verdict, is sus-
tanned by the supreme court, the other
assignments Of error not being passed
upon. The order of the district court
refusing new trial is reversed, new
trial granted, and the cause remanded
for further proceedings.
Bosard & Bosard, for appellant.
McCue & Leslie, for respondent.
Glaspell, J.
Opinion by Morgan, G. J.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03
Huge Task,

1t was huge task, to undertake the
cure of such a bad case of kidney d.
sease, as that Of C. F. Collier of Chero-
kee, Ia, but Electric Bitters did it. He
writes: "My kidneys were so far
gone, I could not sit on a chair with
out a cushion; and suffered from
dreadful backache, headache, and de.
preston. In Electric Bitters, how
ever, I found cure, and by them was
restored to perfect health II recon-
mend this great tonic medicine to all
with weak kidneys, liver or stomach.
Guaranteed by The Lenhart Drug
Co., druggists; price soc.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03
The NJ. p. Extension.

The Turtle Lake Wave takes a
Philosophical view of matters and
says: From what we have learned
of the history to townsites along N.
?. extension the company has acted
entirely on the square, and has made
special effort to discourage fraudulent
townsite enterprises. The N. P. 10
Gates its stations where they will in
time to come draw the most traffic.
We are willing to have this place be
the station, at the same we will not
throw stones at the railway company
II we have to relocate. Which side Of
the lake the road will be built is still
an unsolyed mystery. The located
route IS a much shorter one, and from
Indications will be the one used. II
It isn't there win be lot OF railroad
land farned between here and the
river and It's all paid for. No town.
site has as as yet been located be-
tween here and Mcclusky."
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03
NOTICE OF
School Election

Especial District--Annual Election)
Notice is hereby given, that on the
third Tuesday in June, being
June 20, A. D. 1905,
An Annual Election will be held at the
Court House in the Special School Dis
trict of the city of Bismarck, county of
Burleigh, state of North Dakota, for the
purpose of electing the following men,
bers of the Board of Education: Two
members to serve for term of three
years for the city of Bismarck.
The polls will be opened at o'clock
a. NJ, and closed at 4 o'clock p. m. of
that day,
Dated at Bismarck, N. D. this Ord
day of June, A. D. 1905. .,
BY Order of the Board of Education.
RICHARD PENWARDEN,
Clerk.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03

There always is a few obstinate
cusses in every community. For in.
stance in the recent county seat fight
IN Billings county between Medora and
sentinel Butte there were seven votes
cast for Sentinel Butte in Medora
while six Sentinel Butte cranks voted
for Medora--a fair stand off. Medora
won in the election by nearly 100 ma
jority.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03

If in a kind of bilious mood,
You wish an aid to digest food,
No other pill is half so good
AS DeWitt's Little Early Risers.
When e'er you feel impending i'll,
And need a magic little pill,
No other one will fill the bill
Like DeWitt's Little Early Risers.
Sold by B. e. Jones.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03
A Bad Scare.

Some day you will get bad scare,
when you feel a pain in your bowels,
and fear appendicitis. Safety lies in
DR.. Kings New Life Pills, sure cure,
for all bowel and stomach diseases,
such as headache, billiousness; cos
tiveness, etc. Guaranteed at The
Lenhart Drug Go. drug store, only
Is cents. Try them.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03

Owing to the Lack of an emergency
clause in the act passed by the last
legislature the school election this
year will be held on June Goth as here.
tofore-after this year on the first
Tuesday in June.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03

Ancient witchery was believed in by
only few but the true merit Of De-
Wits Witch Hazel Salve is known by
every one who has used it for boils,
sores, letter, eczema and piles. Sold
by B. E. Jones.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03

The Sheldon Progress. declares that
steele has three windmills-Pat Lyons
and two newspapers-and it's not in
the irrigation district, either :
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03

Painting and Paperhangina.
l am prepared to do painting and
paperhanging at reasonable rates. J..
S. Dickson, SIG 10th street, phone
218, call D.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-03
De MORES TOWN.
Medora Wins Billings County Seat
Fight.

Fight.
Dickinson Press: The battle of the
ballots in Billings county indicates
that Medora has defeated Sentinel
Butte on the county seat proposition.
The election was held on Wednesday
and following is given the vote by
precincts, with the exception of Haley,
PaOli and Beaver: