The Birmingham age-herald., 1908-05-09
EXTENSION OF LAW
 AGAIN REQUESTED
Inter5SsSS Commerce CommiS-
 ;Sv q Makes Statement
'dLROADS WILL NOT OBt Y
Commodity Clause of Hepburn Law Is Cause of Trouble Because 1t Pro- vides That Railroads May
 Not Operate Mines.

Washington, May S.-No official infor- nation is in possession of the interstate commerce commission concerning viola ton by the interstate railroads of the so- called commodity provision of the Hep burn rate law; and the commission has no knowledge whatever of any agreement or understanding by railroad companies and the authorities charged with enforc- ing the law whereby the railway com panies affected by the commodity pro- vision are to be given immunity from punishment for it's violation. The com mission recommends however, that Con- gress enact a provision extending the operation of the commodity clause of the Hepburn act in the interest of fairness may be had to test in the courts the validity of the enactment.
 This in brief is the statement made by the interstate commerce commission in a communication forwarded to the Sen ate today in response to a request call ing on the commission for information in it's possession regarding the enforce ment of the commodity provision of the rate law, upon lines of railroad which own and operate coal lands. The law places a ban upon railroads transport ing all classes of commodities except lumber, which they produce themselves, or in the production of which they are directly or indirectly interested.
 The law provides that the railroads coal holdings shall be disposed of by the first of May. 1908. The railroads declined, for the most part, to comply with the law, maintaining that it was unconstitutional. A few of the lines disposed Of their hold ings but the anthracite roads maintained that they could not, in the present finan- cial condition of the country, relinquish their coal business without an enormous sacrifice on the part of their stockhold- CTS. This, they said would amount to confiscation of property and would be, therefore, violation of the constitution. The commission employed William A. Glasgow, Jr, of Philadelphia to conduct an investigation into the enforcement of the commodities clause. MT. Glasgow in formed the commission of the hardship which would result to railroads generally if the provision went into effect May ]. MT. Glasgow would direct letter to the President, that letter being referred to the commission for report. MT Glasgow's letter and the report of the commission made to the President are appended to the report made toGay to the Senate.
 Chairman Knapp, who prepared the communication to the Senate, strongly recommends the enactment of a joint res n1t by the commodities clause until such time as the provision itself may be passed upon by the United States supreme court. several above the knee joints, but the bones were splntered and the shoulder blade shattered. The skull had been sepa- rated and was lying near the feet of the corpse. Nothing but jumbled heap of decayed flesh and crumbling bones were left to indicate the identity of the person. It was thought, however, that the body was that of a woman, as a pair of wom- ans oxford shoes and the metal frame of a woman's purse were found in the grave.
 When an attempt was made to place the bones in the position which they had oc- cupied during life divergence of opin- ion at once broke out between Dr. Mack and Sheriff Smutzer The coroner main- tained that several pieces belonged to an- other body.
 If all these bones belong to one per- son." he said, that person would have been F feet high and possessed of at least three legs and many arms"
 The sheriff, however, refused to be con- vinced of the correctness of this view, asserting that his experience as an un- dertaker before he assumed the office had taught him enough to prove to his own satisfaction that but one body had been uncovered This view finally prevailed with Dr. Mack. While the investigations were going on at the farm Prosecutor Smith, aided by Deputy Sheriff Roy Marr, was collecting additional evidence concerning Lamphere's alleged participa- ton in the deaths of Helgelein, Mrs. Guinness and her three children.
 New Witness Found.
 One of the first new witnesses found today was a man named Colson. Mr. Smith was endeavoring to establish a definite disagreement between Lamphere and the Guinness woman and when Col son revealed the conversation in which Lamphere declared his ability to get money and clothing from the woman the prosecutor felt that in this respect at least his work had been successful. Ac- cording to Coson Lamphere said a few days before the fire of April 2S:
 q made her get down on her knees last night and I am going to make her get down tonight unless she comes up with some money.
 q know things about her that would raise an awful row if they were told. She bought me this suit of clothes that I am wearing, but she does not like to come up with the coin and that is what l need and must have"
 It is the prosecutors theory that Lam- phere had gained knowledge of the means by which Andrew Helgelein was done to death; that the prisoner attempted to use this knowledge to extort money from the woman; that she became terror stricken at his threats and undertook the series of prosecutions against him which rec suited in his trial before lunacy com mission and in his being thrice arrested at her instigaton; that Lamphere at tempted to wreak vengeance upon her for these actions and for her refusal to give him money or to continue the relations which had existed between them prior to the appearance here in January of Helge- lein; that the fire at the Guinness home was started by Lamphere, but that he had no idea of causing the deaths of Mrs. Guinness and the children.