davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
ATTEMPT AT SMUGGLING WILL COST
MRS. JACK GARDNER VERY TIDY SUM

chicago, Dec. $.-Federal authorities in
Onlcaso Will relinquish their hold on the
at treasures once owned by Mrs. Jack
Gardner OF Boston and shipped into the
country as household goods by Mrs. En-
IN crane Chadhourne of Chicago. only
20 DC seized when their intrinsic worth be-
Daihe known. as soon as Mrs. Chadbourne
deposits a bond secured by a certified
neck equal 10 the appraised value. Pre-
..inlna<les were competed trcay with the
.llng OF a petition in the federal dis
silcl court in which Mrs Chadbourne sets
-orth all the proceedings attendant or
We shipping of the valuables and their
teWnuon by the government. the nSE-
-lenI OF che assessed duty and the fed
ersi penalty OF half the appraised value
ma declares that she Will file a bond
Secured by a certified check made pay-
, ,S 10 Thomas c. Mcmillan, clerk OF
~ court for the appraised value o. the
IC-ucles which have caused such a stir.
N0-neloent with the filing of the petition
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04

bined that ID j. Sharp could not ~
ceive coal from the said defendants un-
less he RETAINED from advertising his coal
at a reduced rate. then you are to find
them guilty Corporations which are
charged with criminal Offense can only
act through their agents. and IL an agent
OF any corporation does an unlawful act
the corporation at once becomes guilty
Of such act. The knowledge and acts IF
an agent are the knowledge and acts Of
a corpora tioH. No man can without la
bility TO himself commit an act for the
benefit of u corporation which offends
the law without offending it himself
The Union Pacific railroad and the
Oregon Short Line railroad are common
carriers. The stock of the Union Pacific
Coal company and the majority of it's
bonds are owned by the Union Pacific
Railroad company. which makes the two
identical This has been admitted by the
attorneys fos the defense. Therefore If
The Officers Of the railroad company hatH
jurisdiction over the affairs of the coaf
company is conducting coal comDany's
business under its name and guse. 1T is
necessary that combinations offtnls kind
must be proved by ciIcunstasItial evil
lence. Only rarely can direct evidence
be obtained In such cases except from th.s
parties OF the cOnspiI acy themselves. and
evidence that such a conspiracy exists
in the form Of documents and spers or
records. Any combination wherein the
action would result in the interfering
with competition in the retail price of coal
would be prohibited under the laws.
Origin of a Conspiracy.
1T is not necessary for two or more
persons to come together TO start a con-
spiracy- Any one person can start II,
and it comes TO life as a conspiracy when
The second person enters IL agreeing 10
its terms, knowing its nature and pur-
pose"
In conclusion Judge Marshall went on
TO say that 1t was not material 10 COIL
slider whether or not Mr.. Sharp had vio-
lated the original intent of the storage
rate reduction. as the coal or railroad
company had no jurisdiction over his re-
tail price of coal in restraint of trade.
The substance of Judge NarshalTs
charge to the jury had a remarkable ef-
feet on both the attorneys for the de-
Tense and the jury The defense from
the beginning OF the case was built on
the responsible party in shutting off any
further supply Of coal to the D. J. Sharp
Coal company.
It was exactly 1870 o'clock when Judge
Marshall finished his charge to the jury
The jurors then retired TO the jury room,
where they deliberated over the evidence
for four hours. taking but few minutes
FOR their lunch time. When the verdict
was announced in the court there was an
expression OF surprise on The faces OF
many present. The date for sentence WIS
not fixed By the court, but will be an
nOunced later.
The indictment against the Union Pa
cific railroad. I'pion Pacific Coal COM
their two Officers, E Buckingham and
J. III. Moore, was brought by the grant
jury over year ago un1eT an act If
congress of July 2, 1890 making 1t
nation 10 conspire and restrain Interstass
trade.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04

signed by Mrs. Chadbourne was a nett
ton from Mrs Isabelle g Gardner. 9th
erwise Mrs Jack Gardner, waving ali
Title 10 the goods and expressing the de-
sire that they be released and given into
the possession OF Mrs. Chadhourne
The present petitions are al incident in
the forfeit case brought by The govern-
ment against the property after the Gus
toms duties and the penalty. totalling SO
4eS had been paid by Mrs. Chadbourila.
Inc case which runs against Ian oil
painting OF the Madonna ard Child an
other articles enumerated" will proceed
IN the regular course If a forfeiture
Is declared. the bond when il is filed
by Mrs Chadbourne will revert to the
government. and she VIII retain POSSES
sion OF the goods, which. az the pres 4
appraisal of $500, viii then Lave cost her
$52,06o-
II Is expected that the bond will be filed
within few DAYS and the goods will
then be turned over TO Mrs. Chadbourne
without question.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
INDICTED AT T0h0PAH.

R,o New. Dec. 3.-In spite. Of every
effort 10 keep Il quiet it has leaked out
that E. B. Cushman. former cashier OF
fhe defunct State Bank & Trust company.
ana ar present a member OF the Langley
CyT.shr7an brokerage firm of Reno
49, indicted BIZ the Tonopah grand Jury
Yesterday or charges of embezzIement
growing out of transactions in connection
Trith State Bank affairs Cushman was
ar~astaI lest night in Reno and released
On s10 C.sa bonds c. T. Bender. president
Of the Washoe County bank. and W G.
Harris of Reno being his sureties- Cush-
man will go to Tonopah tonight TO an
swer to the charges
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
CONTEST is INTERESTING.
Sharp's Fight Began When He
Closed His Retail Business.

The developments in the fight against
the railroads by Mr.. Sharn are decidedly
interesting. He solicited government aid
in the contest and after a fight of over
victing the individuals and corporations
under the Sherman antitrust law
ID j. Sharp. up until a few years ago.
had been engaged in the coal business in
Salt Lake for fifteen years For several
years he was the local agent for the
signed his position with this company on
Nov j.. 1863 Soon afterwards he en-
gagged IN the retail business under the
name of the D. J. Sharp Coal company.
BE closed out his business in August;
1896. because. he said. he couldn't get
coal.
ar- Sharp presented lis case at a hear
ING before G A PrOuty. interstate COM
merce commissioner, who conducted A
coal hearing in Salt Lake on Sept u.
1896 On Commissioner Prouty's advice
the case was submitted TO the federal
grand jury. and on Dec. : indictments
were returned against the Union Pacific
Railroad company. the Union Pacific Coal
the Oregon Short Line Railroad
com pauy- Superintendent Buckingham OF
the Short Line. and James NJ Moore.
general sales agent OF the Union Pacific
Coal company. These indictments charged
undue rate discrimination against coal
shipper, and were brought under the iu-
terstate commerce act Of 1857.
The first action in the courts came in
hearings on demurrers filed in behalf OF
the defendants After Judge Marshall
had sustained one demurrer and over
ruled another. the prosecution asked per-
mission to withdraw the indictments
This was granted and the defendants
were rein6icted By the federal grand jury
Continued on Page 2.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
AGREED TO ARBITRATE.

Manila, Dec. 4-Collector of Customs G.
r. Cotton interfered in the cOastwise sea-
mems strike today and effected a truce
between the striking sailors and the ship
owners As result coastWiSe shipping
which had been tied up for some time
began TO move this morning The men re-
turned TO work. and through the efforts
of Collector Cotton. agreed to submit their
differences with the ship owners to arbi-
tration-
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04

Three great corporations and two former
officials of these companies were convict
ed yesterday afternoon IN the federal court
of violations of the Sherman antitrust
law. The specific charge is that COM
bination was entered into between the
onion Pacific Coal company, the Orion
Pacific Railroad company. tie Oregon
Short Line Railroad company. Everett
Buckingham. general superintendent OF
the Short Line, and J. NJ Moore. general
sales agent for the coal company. TO de-
prive ID. ]. Sharp of a supply of coal be-
cause he reduced the price at which he
sold coal in Salt Lake.
The verdict OF the jury was that each
of the corporations and individuals
charged in the government indictment Is
guilty OF violating the Sherman antitrust
law. A recommendation for mercy was
made by the jury in behalf OF Everett
Buckingham. The former general superin-
Jendent Of tise Short Liae.
Under the law the corporations are liable
to fines of 5000 each and the individuals
to Imprisonment in the county jail for
one year in addition 10 the fine
The case will undoubtedly be taken 70 The
United States circuit court OF appeaIs and
perhaps from there To the United States
supreme court before the final verdict IN
the case is given. Farley l.. Williams.
general counsel fer the Oregon Short Line
Railroad company, said last evening that
the verdict was only the beginning of the
case and that an appeal would be taken
Immediately.
District Attorney II. r. Booth and his
assistants have been at work on the case
for over two years and are elated over
the successful termination of it
The charge Of Judge John A. Marshall
to the jury was construed by the defense
as having had much to do with the finding
of the verdict of guilty in each case. The
defense had declared that the crime
charged if il had been committed at all.
was committed by Moore and no one else
and that since a man cannot combine
with himself the prosecutions under the
antitrust law were necessarily invalid.
Judge Marshalrs instructions were taken
by many to be directly opposed to this
contention of the defense. The court said
that the act of an individual when acting
as an agent for corporation was the act
of tho cornorafiOr
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
HARDSHIPS OF
WOOL GROWERS
Utah Woman Appears Before
Ways and Means Commit
I tee of the House.
APPEALS FOR PROTECTION
EVERY SHEEP IN WYOMING SAID
TO BE MoRTGAGED.
APPEALS FOR PROTECTION

Washington, Dec 3.-The house commit
tee on ways and means today decided to
continue the tariff hearings until Dec. 10.
Chairman Payne was authorized to Of
fer a resolution in the house when con-
gress co7venes on Monday. which will
give the committee authority to subpoena
Witnesses for these supplementary hear
ings.
Tomorrow is the last day of the original
schedule of hearings. but on Saturday
Herbert Miles, chairman of the traffic
committee OF the National Association of
Manufacturers, win appear before the
committee. Other witnesses are also ex-
pected to appear Saturday and Monday
there Will be a supplementary hearing
viii take place on days designated by
Chairman Payne 1t is believed some VIII
be held occasionally throughout the short
session OF congress.
Will Soon Work on Bill.
The committee will begin the considera-
ton or the new tariff bill as soon as the
record up to this time has been printed.
Briefs may be flied oy persons Interested
any time before Dec -.
Chairman PAYNE would not say what
Witnesses would be summoned if the
power OF subpoena Is granted. but it is
generally understood that J. ". Van
Cleave president of the National Asso-
citation Of Manufacturers, will be on the
list
An indication OF the unsatisfactory con-
ditions existing at the present hearings
was given by Mr.. Boutell. Republican
member from Illinois. at today's hearing
of the wool tariff. He had received a
very unsatisfactory reply from a witness
Il understand that YOU are not under
oath said Mr.. BOutell. but / hope that
some time soon the committee will have
an opportunity to hear witnesses which
II VIII feel at liberty TO cross-examine at
pleasure.
Chairman Payne was authorized TO con-
tnue the hearings at an executive meet
ing or the committee following the noon
recess
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
Competition Was Fierce.

Mr. Jones said that he was willing to
sell the Plano plant because fierce compe-
tition had demorahzed his business and
there was no money in sight for dividend
payments. The sale took place July "a
1902
When the new company was formed II
had 500. 900 capital, of which 100000
was in cash and an equal amount in stock
certificates of the consolidated companies
He said hat the international Harvester
company has paid dividends since 1902 of
Sol 009 and has a surplus of S12.001,c00
He added that the increase of about per
cent in the selling price of harvesters had
been caused by increased cost of labor and
material
Mr. Jones testified that the new COM
pany bought outright the Milwaukee Har-
vester company of Wisconsin and changed
its name to the International Harvester
company of America.
This is the company that does business
in Missouri as an agent of the New Jer-
sey corporation.
Mr.. Jones ended mis- testimony by con-
tending that the consolidated company had
not destroyed competition in the harvester
business
Each witness asserted that there was
no trust agreement involved in the or
ganization the company being formed
solely for the purpose of lettering bust
ness conditions.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
HEARING ON WOOL.
Some Utah FIeckmasters Among
Those Who Appeared.

Washington. Dec. Although il is not
proposed 10 report the new tariff bill
which viii be framed by the house wavs
the special session which President-elecf
la;t VIII call in March, it is evident that
the question of tariff revision viii be the
principal one under discussion during the
Inter nile the ways AMI means com
nittee has not determined whether to con
Time the present hearings, the general
ieeling among its members is that there
Shonla be further opportunities Offers /
Interested parties to appear before .hss
committee and present their views on the
proposed revision
one Republican member of the commit
Tee declared recently that the committee
would ask congress for power to sub
pOena witnesses at supplemental hea rings
representative Champ Clark, Of the mi
nority, went a step further.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04

The first time young man sue
ceeds in kissing a clever girl she
looks at him in way that makes
him wish he had got busy sooner.
Implement and Vehicle Journal.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
Verdict Was a Surprise.

Verdict Was Surprise.
The verdict of the jury came after it had
been out four hours and was in many re-
spects a surprise. There were many who
followed the case who expected a verdict
of guilty in the case of two Or three of
the defendants and verdicts of net guilty
in the case of the others The verdict
indicates the belief of the jury that the
prosecution connected all of the defend
ants with the transaction to a degree suf-
ficient to make them jointly responsible.
The case was given to the. jury at 12:3o
o clock and the verdict was returned at
As o clock.
Mr.. Buckingham and Mr. Moore Were
both in the courtroom when the jury re-
turned. Further than expressing surprise
at the juIy's verdict neither of the men
made any comment on the case.
Attorney c. s. Varian resumed his argu-
ment for the defense when the court
opened yesterday morning Mr.. Varian
made a strong point Of the fact that
coal supply was shut off by Mr..
Moore. acting on his own responsibility
and without instructions from anyone. He
said that there was no law on the stat
ute books forcing a company to sell to
anyone TO whom it did not desire to sell
He said that the crime alleged was as
fanciful the arguments advanced by
the prosecution
In replying TO the argument OF Mir Var
ian. District Attorney Booth exhibited the
circular issued by the Short Line adver-
and declared that the prosecution was
not presenting fancies but facts He said
that under the authority implied in the
circular Sharp had reduced the retail price
of coal and that as a punishment for IN
derselling other dealers his coal supply
was cut off. Nh. Sharp's appeal to Mr.
Bancroft, declared the district attorney
was the only course left open tc him. He
said that Mr.. Buckingham assigned
to investigate the complaint OF Sharp
and that this assignment made him the
agent of the company in the entire trans
action and therefore made him and the
railroad company parties to the offense.
Judge MarshaI's Charge
In giving his charge 10 the jury and
cautiCning them as 20 how to proceed in
finding their verdict Judge Marshall
said. BY a reasonable doubt Is not
meant every doubt There Is a statute
which declares every combination or con-
Spiracy in restraint of trade between
states Illegal The first thing to be COL
sidered. continued Judge Marshall, is
the meaning of trade between states II
is admitted that the Union Pacific Coal
&C mpany in the state of Wyoming sold
ecal 10 u. J. Sharp, doing business in
Salt Lake City. Utah. and was conveyed
TO him ever the lines of the Union Pacific /
Railroad company and the Oregon Short I
Line Railroad company. both common /
carriers Any action on the part of these /
corpora tons which tended TO prevent Mr. I
70 sell this coal in competition with other /
would be a restraint to trade
If you find that the defendants COM |
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
TRYING TO DUST
GRINDING TRUST
Facts Brought Out at Inter-
national Harvester Hear
ing in Missouri.

jefferson City, Mo. Dec Slow the
International Harvester company of
America obtained control of several of its
subsidiary plants was told today when
the hearing of the custer suit of the state
of Missouri against the company was
resumed before Theodore Brace. special
commissioner. Vice President William H.
jones of Foster. Cal. and J. ]. GlasSner
of Chicago of the International Harvester
company of New Jersey We're the wit
neSSeS.
Mr. Jones told of a visit to New York
in 1902 which he said. he made at the
request of Judge Cary OF the United
States Steel corporation. Judge Gary in
trOduced MIN to George w. Perkins of j.
F. Morgan & Co, who requested him to
sell plant ar Piano. H. When the check
of sale was signed. said Mr.. Jones. all
property involved was turned over TO g
Mr. Lane to hold until the organization
of a new company.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
Would Swear the Witnesses.

1T would be better" he said. IF W.
would be given power to subpoena wit
neSses and have them sworn in and ma ie
10 answer questions when they appear be-
fore the committee
On the other hand REPRESENTATIVE CrlIr,-
packer OF Indiana. who was present at
Yesterdays hearing for the first time
slnce he conferred with President-elect
at at Hot Springs in regard to the Ia
rtlf question. does not believe the com
mittee would gain anything bv sub
pcenaeing witnesses. He strongly favor
the continuation Of the hearing throughout
t1e short session of congress the com
mittee TO meet for this purpose once or
twice a week
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04
Criticism Being Felt.

here has been some criticism in the
newspapers OF the methods being pursua,i
nv the committee I'm conducting these
hearings said Mr.. Crumpacker. in dis
cusslng the work of revision the tariff.
TINS is probably made with the object
o. dlscrediJing in the public mind any
tNlng the committee might DO Mr. Taft
was little concerned regarding this criti-
ciSm when / saw him at Hot Springs
but 1t is very evident that the commit
Tee Is unanimous in its desire TO 20 into
Ire matter thoroughly
Besides. he continued. this criticism
Nhl have the effect of squirting the COM
hlLtee 10 do good work. The COMMITTEES
VIII make thorough investigation OF the
tariff question
nile i IS generally believed that some
members OF the committee are not in SYM
latny with the movement for thorough
revision or the tariff. II is regarded as GER
tam that such revision will be embodied
m the bill which VIII be presented 10 con-
kress at the special session for political.
Z not FOR economic reasons.
me hearing Oh wool and wool products
vas continued today Representatives OF
We National Wool Growers association.
which IL is claimed. includes . per cent
OF the wool growers of the United States.
addressed the committee today. This or
Gs-nlZation has been prominently identified
VIII the movement for q protective duty.
.hd while its representatives did not ask
Tor an Increase in the duties on wool they
requested the continuation Of the present
schedule
Representatives OF the wool pulling in
ccstry appeared 10 ask for an increase OF
Continued on Page 2.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-04

II L was 4 merchant l would not
have clerk in my store who did not
feel that he was capable Of giving me
advice on some subjects. And I'd make
him realize that l was ready TO hear
It and glad TO get it.-Brains.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-07-04
Administrator,s Noficc

Estate of Philip Siegrist. deceased
The undersigned having been ap-
pointed administrator of the estate OF
Philip Siegrist, late of the county OF
Rock Island, state of Illinois, deceased,
hereby gives notice that he will appear
before the county court of Rock Island
county, at the county court ROOM in the
city OF Rock Island. at the August term,
on the first Monday i'm August next at
which time all persons having claims
against said estate are notified and re-
quested to attend for the purpose Of
having the same adjusted. All persons
indebted to said estate are requested to
make immediate payment to the under
signed.
Dated 18th day of June, A. d. 1908.
JOHN SIEGRIST
I'M Sfr
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-07-04
OLPH & REYNOLDS. Attorneys.
Masters Sale.
State of Illinois. Rock Island Coun-

State of Illinois. Rock Island COun-
ty-ss:
In the Circuit Court, In Chancery.
Mary Greenhill, Amelia Dulen and
Martin Dulen, Complainants, VS.. Mat
thiaS Guenther, George Guenther, Will
lam Baumann. Florence Baumann and
E S. Entrikin, Defendants Partition.
General No. 601S.
Notice is hereby given that by virtue
of a decree of said Court. entered in
the above entitled cause, on the 18th
day of June A. ID 1908. / shall, on Sat
urday, the 18th day of July A. d. 1908.
at the hour of 10 O'clock in the fore
noon, at the East door of the Court
House in the City of Rock Island, in
said County of Rock Island, to satisfy
said decree, sell at public auction to
the highest and best bidder for cash
in hand that certain parcel of land
situate in the County of Rock Island
and State of Illinois, known and de-
scribed as follows, to-wit:
City of Rock Island. known a S and called
I'd. c. Doty's Addition" to the City of
Rock Island. or "Doty Block" situated
in Rock Island County, Illinois.
Provided, that the highest and best
bid upon said parcel shall be equal to
at least wo-thirds t2-3) of the apprais-
cd value of said property, as shown by
the report of the commissioners ht sto-
fore appointed by the court.
Dated at Rock Island, ILL.,, this Goth
day of June, A. d. 1908.
JOSEPH L. HAAS.
Master in Chancery Rock Island Coun-
ty, Illinois.
Albert Huber. complainant's solicitor