davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1909-11-22
TEXT OF FORMAL DECRl
Defendants are EnjOined from Con-
tInninE Conspiracy by ANY NIeann.

Defendant are EnjOined from Con-
tinuinE Conspiracy by Any Means.
ST. PAUL, Nov. 21.-In it's formal decree
the court reviews at length the govern
ment's charges against the STANDARD oil
company. Reaching the penalty, the court
says, in section g.:
THAT the defendants, their officers. di-
rectors, agents, servants and employees, are
enioined and prohibited from continuing
or carrying into further effect the combin-
alton a%djudged illegal hereby and from
entering into or performing any like combl-
nation or conspiracy. the effect Of which
is, or will be, to restrain in
petroleum or its products among the states,
or in the territories, or with foreign ma
tions, or to prolong the Unlawful monopoly
OF such commerce, obtained and possessed
by defendants as before stated, in viola
ton of the act of July 2, 1890, either ID by
the use of llquidating certificates or other
written evidences OF a stock interest in
two or more potentially competitive parties
to the illegal combination, but causing the
conveyance of the physical property and
business Of any OF said parties to a po-
t~entially competitive party to this combIna-
ton, by causing the conveyance of the
property and business of two or more of
the potentially competitive parties to this
combination to any party thereto by placing
the control of any of said corporations in
a trustee or group Of trustees, by causing
itF stock or property to be held by others
than its equitable owners, or by any SINH
lar device. or () by making any express
or implied agreement or arrangement to-
gether, or one with another, like that ad,
faa0aA t11ogoI horab,. -.To4t... l. $500 -
management OF any Of said corporations
or the price or terms Of purchase, or Of
sale, or the rates Of transportation OF
petroleum or its products in interstate OF
international commerce, or relative to the
quantities thereof purchased, sold, trans
ported or manufactured by any Of said
corporations. which will have a like effect
in restraint Of among the states
in the territories and with foreign nations
to that of the combination the operation
Of which is hereby enjoired.
Section 1.-THE defendants named in sec.
ton 2 OF this decree are enjoined and pro.
Inhibited. until the discontinuanoe OF IN,
operation of the illegal combination. from
engaging or continuing in among
the states or in the territories of the
United States.
Section s-The United States shall re.
cover It's costs herein. to be taxed by IN,
clerk of the court, and shall have execution
thereof.
Section s-This decree shall take effec,
Il irty days after its entry, in case no an.
peal is taken from It. II an appeal 4,
taken from this decree by the defendants
or by any Of them, and a bond In The
amount Of $4,000, conditioned to operate
as a supersedeas, approved by one OF tbs
circuit judges, is given within thirty day,
after the entry OF this decree, then this
decree, unless reversed or modified, shall
take effect thirty days after the fInal
decision Of the case by the supreme court
upon the appeal"
Omaha daily bee., 1909-11-22
GOOD SAMARITAN is STUNC
U~ngratefuI Daniel H. Foster Taken
to Jail by Police as He IL
Boarding Train.

Daniel II. Foster, whose residence is In
P%ftsburg, but who has been in Omaha for
the last week or so. bit the hand Of the
man who fed him. literally speaking.
Thomas Cook, who lives here, rooming at
the Peoples lodging house at 112 North Thir-
teenth street, found Foster distressed Sat
urday night, without a place to sleep, al
Though it was later discovered he had
money in his pockets, and took him to his
room. Early Sur day morning Foster, It is
alleged, stole from the room, at the same
time stealing Cooks best suit. He headed
for the Union station. where he was about
to take a train eaet when the officers ar
rived, having been summoned by Cook.
Foster Is now in jail with a larceny charge
pending against him.
Omaha daily bee., 1909-11-22
YEARS WORK ON
PANAMA CANAL
Continued from First Page.)

the provisions Of the eight-hour Jaw were
made applicable to the isthmus
The unit prices were therefore materially
increased. Various changes had also boon
mad In the adopted plan, increasing The
quantity OF work to be done, In addition,
more detailed surveys and plans than were
originally available had been made, and
the work had progressed sufficiently to
give reliable data relative to unit costs.
This enabled a revised estimate to be pre-
pared and submitted at a hearing before
the committee on appropriations Of the
house of representatives in February, 1909.
This TINA shows hat nearly 80 per
cent more work Is necessary in order to
complete the canal than was contemplated
by the original estimate and hat the unit
prices, due to labor conditions. cost of
materials and gratuities given the EN-
ployes, have been increased about 20 per
cent. The estimate, as prepared, showsothat
the total cost OF engineering and eonstruc.
ton alone sums up to S2s7. 7e6, 900. to which.
IL the purchase price and the estimated
cost Of sanitation and civil governmentybe
added, there results the sum Of $780, 0l, 900
as the total cost OF the canal" Il
Omaha daily bee., 1909-11-22

cover precisely the same ground. To say
otherwise would be TO impute to congress
the doing Of the unnecessary and useless.
Though the natural tendency OF a combin-
alton in restraint Of trade declared illegal
by section / may be and generally Is
towards monopoly. denounced BY section
2 and may even accomplish Il, yet the
scope OF the latter section IL far broader
and was designed to extend also to mono
poles secured by other means than by
contracts, combination and ~conspiracies In
restraint OF trade. which, as those terms
necessarily imply, require concert between
two or more persons or corporations.
'One person or corporation may offend
against the second section by monopolizing.
but the first section contemplstes conduct
OF two or more. A cursory reading Of the
act shows this;
That Il was the intention OF congress
to ondemn monopolies not based on illegal
combinations among several, but secured
by single persons, natural or artificial.
by other means, also appears from the
history of legislation. To offend the act,
the monopoly must have been secured by
methods contrary to the public policy as
expressed in the statutes or in the common
law.
THE modern doctrine is but a recogni-
ton Of the obvious truth thai what a gov
eminent should not grant because Of in
furious to public welfare, the individual
should not be allowed to secure and hold
by wrongful means,
THE baneful effect is the same. whether
the monopoly comes as a gift from a gov
eminent or is the result Of individual
wrong doing. Nor can arguments Of re-
duced prices Of product, economy in oper-
alton or the like have weight.
During the discussion Of the amendment
above referred to apprehension was ex-
pressed over the broad language Of the
second section Of the proposed act and
inquiry was made whether the committee
having the bill in charge intended It should
make it an offense II an Individual en-
gagged in interstate and foreign CONNER ce
by his own skill and energy, by the pro-
priety OF his conduct generally shall pur-
sue his calling I'm such a way as to mo-
nopolize a trade.
Assurances were given tina the term
monopoly had no such significance, but
that 1t contemplated the employment Of
means which prevented others from engag-
ing in fair competition, the engrossinK of
trade and the like. Undoubtedly this view
prevailed at the passage Of the law"
Omaha daily bee., 1909-11-22

HOOK
He Holds hat All MOnOpOIies Exist
i'm Violation Of Law.

He Holds that All MOnOpOIies Exist
i'm Violation Of Law.
ST. PAUL, Nov. 2L-Judge Hook, in a
concurTtng opinion, expressed strong views
on the case, in part, as follows:
"Ths principal conclusions, upon which
we are all agreed. may be briefly stated
as follows:
"A holding company, holding the stocks
Of other concerns whose commercial ac-
%tivities, II free and Independent Of a COM
mon control. would naturally bring them
into competition with each other, is a
form of trust or combination prohibited
by section 1 OF the sherman antitrust act.
The Standard or company OF New Jersey
is such a holding company. The defend
ants who are in the combination are en-
Joined from continuing 1t and from form
ing another like Il. The holding company
is e%njoined from exercising the rights OF
a ~stockhoider in the subordinate COM
panies and they are snjoined from allowing
itNtd do so or to benefit therefrom in the
way OF dividends.
1T is thought that with the end OF the
combination the monopoly will naturally
disappear, but lest, instead OF resulting
that way. the monopoly so ~wrongful.y
gained and perpetuated by the aggrega-
ton OF the physical properties and In
strumentalities by which II is maintained
in the hands OF a member OF the com
b~ination and the liquidation and retirement
from business Of the other members IL Is
held tina such a course would violate the
decree. . .
The extent and limitations OF the first
section have been pretty we'll defined In
the many adjudsed cases.
The second section OF the act provides
" Every person who h ~monopolize. or
attempt to mOnopoliEe, or combine to con-
spire with any other person or persons 70
monopoliEe any part OF the trade or com
merce among the several states or with
foreign nations. shall be deemed guilty OF
a misdemeanor.'
"Manifestly this section r. quite distinct
from the first and was not intended C
Omaha daily bee., 1909-11-22
Bureau Of Soils
Finishes Work on
South Dakota
Report on Data Collected is Now Be-
ing Prepared-Will Survey West
ern Nebraska Next Year.
(From a staff Correspondents

WASHINGTON, Nov. m--CSpecial Tele-
granular important work Of the govern
ment bureau OF soils IN Investigations OF
soil conditions Of western South Dakota
has just been completed and a report Is
now In preparation by NJ. N. Coffeey, in
charge Of the work. The work is known
as the continuation Of the reconnaissance
survey Of the semi-arid belt authorized In
1908 by Secretary Wilson. During the
summer Of 1908 the western part Of North
Dakota was surveyed n In the winter
Of 19OS-o9 the southern part and part of
the Panhandle district of Texas were sur.
veyed, the party going from North Dakota
to winter quarters In Texas. At the be-
ginning Of summer the party was moved
from the Panhandle district to South Da.
kota, covering all told in the neighborhood
OF 1900 square miles.
The great plains reconnaissance party is
now assembling at Victoria, Tex, for a
continuation OF the work during the winter
months along the gulf coast Immediately
north of Corpus Christi. The work m the
Panhandle section of Texas will be COM
pleted during the early spring of 1910, On
completion of this work the parties will
proceed to western Nebraska and Kansas,
AAASh VIII bd EuNNItu D9 surveys uuEllh
the summer of 1910 as. western North Da.
kota and western South Dakota have al.
ready been covered.
Within the next eighteen months thers
will thus be completed rapid ~reconnols.
sance of all the soils and agricultural con-
ditions in the eastern portion Of the great
plains region, extending from the Canadian
line southwark far into Texas, together
with a considerable amount Of very i'm.
portant work In the plains section of south.
Omaha daily bee., 1909-11-22
NEBRASKA F0RESTERS ELECT
High Court of Independent order in
Nebraska Holds Biennial
Session,

The high court OF the Independent Ord 81
OF Foresters of Nebraska held its seventh
biennial convention in Mueller's hall, with
delegates present from all subordinate
courts Of this Jurisdiction. A very pleasant
and profitable meeting was held. The
order now boasts a surplus fund Of nearly
] 5.OOO.OO %.
The following officers were elected 10
serve two years: High chief ranger Nathan
Roberts,; high vice chief ranger, c. Relner;
high secretary. II. II. Farmer; high treas.
urer. A. L. Hunter; high counselor. NJ. A
Hail; high physician. DR.. Aberly; past high
chief ranger, r. NJ. Henderson; high audi
tors, F.. w Hoffman and H.. A. Hanson
supreme court delegate. John Franck.
Omaha daily bee., 1909-11-22
MRS. FLORENCE HANIKA'S
GREETING TO RELATIVES
Pender Woman Takes Hen Pen In
Hand to Express Her Unmistak-
able Sentiments.

Meddlesome citations" we're to blame,
Il seems, when Mrs. Florence C. Hanlka
OF Pender was recently reported to the
police Of Omaha as missing. In one of
her home papers Mrs. Hanika delivers a
firm little curtain talk to these relatives,
Tho Fender paper says: 8
Mrs. Florence C. Hanika was caused
a very annoying experience last Friday
in Omaha. She and her little daughter
had just arrived from Rock county, where
Mrs. Hanika had been viewing some land
she is thinking of buying when upon look
ing over an Omaha newspaper she saw
an item about how Mrs. Hanikh Weighing
1875 pounds SHOULD nave been 24o) who was
lost, strayed or stolen and had disap-
peared from her babies near Pender. One
can appreciate her feelings. The article
also stated that the police were on the
lookout for her. She promptly 'phoned
theDi that she was safe and able to take
care OF herself. She says;
~ was only gone ten days and had
told not only my banker at ePnder, but
Mr.. Herman Freese and others that I
was going away and for what 1 was
going, 1 didn't get out hand bills or
publish II in the papers as l didn't think
II any ones business, but II seems that
aoHAH Va i9 ANAbAANo6 ~ never HaAleAANu
except when causing me trouble. Just
what they figure on dolng. / can't say
unless It is to get me placed where they
can get their hands on my property. Up
.to-date. l haye done very we'll looking after
my own affairs. / have three cars OF fat
cattle and two cars OF hogs to market
and a crop yet unhRryested that will re-
quise four good lively corn huskers to
keep a rustting to pick. II seems strange
that a woman capable OF manasing these
matters should not be able TO 90 away
for ten days on business, without being
"bawled out through the daily papers,
! intend to have a sale. rent my big farm,
and buy up western land where / will
engage exclusively in the stock business.
l wish you would Just tell the people that.
Some people have looked so hard after
me-. that they have been compelled TO
have an oeulist fix their eyes
Mrs. Hanika is a bright business
woman who has been very successful In
managing her own affairs. She has been
a resident OF this section for twenty-five
years, and she has the confidence OF the
business people Of Pneedr."
Omaha daily bee., 1909-11-22
CHIEF WANTS WOREHOUSL
DOnahue Would Have City Buy Lot
Adjoining Station.
COULD THEN WORK PRISONERS
city Council Meets This Afternoon
TO Consider Request of Fire
and Police Board for
100000.

Destruction OF the Omaha police patrol
barn by fire has Chief Douahue 10
again bring forward the proposition for the
purchase by the city OF the lot adjoining
the police station and new county jail.
III 'the city owned that lot" said the
chief, I'm talking with the fire and police
commissioners, I'VE would not only have
room for a modern police headquarters. but
also for a flreproof barn and workhouse.
The lot runs to the alley, where there Is
trackage, and stone could be hauled for
the workhouse prisoners to break while
serving their time, which Is now done In
idleness and in perfecting themselves In
vciousness. The broken stone could be
utilized ribht hero In the city, and on the
miles Of roads that are to be built In Doug
las county by the money realized from the
inheritance tax"
The commissioners were not prepared to
express an opinion on the chiefs proposal,
but indicated that II will be given con-
slderation at some later time. when money
is in sight.
Council Meets this Afternoon.
An adjourned special meeting of the city
council Is to be held at 2 o'clock this after
noon, when action will be taken on the
request Of the Board Of Fire and Police
commissioners for an appropriation OF
$4,000. 1t does not seem likely that this
amount will be allowed, because Of the fact
that the burned automobile was insured
for $1,000, which will serve to replace II
with as good a machine. The Intention OF
the board Is to purchase a second auto
mobile, and instead Of having six horses
to have only two, for use on a new emer-
gency wagon, and possibly on the extra
WACO patrol in case of need. The balance
of any money allowed will be used to put
the Quilted barn in shape for use, pending
its entire rebuilding into a f~ireproof struc-
ture without an upper floor, or the erection
of q new barn, with possibly a city tool
house and storage place in connection.
The fire at the police patrol barn has
brought up again for discussion, among
councilmen and city officials, the desir-
ability Of insurlng all city property. No
insurance is carried by the city of Omaha
on any OF its, buildings except school houses,
which are partially insured. The Board
Of Education carries a fund Of $4,000, and
has for some years, to which is added
yearly what would be paid in insurance
premiums II all the buildings were insured
for full value. President Harding and
others have advocated insuring all school
houses, the same as business buildings,
but the old policy is still adhered to.
Omaha daily bee., 1909-11-22
Creston Team Wins,

CRESTON, Ia. Nov. ~21-(Special.)-
Red OAK High school played a return
game with the Creston High schoo yes
terday on the local field and met with de-
feat by the score OF II to o. The Creston
team defeated the Red Oak boys earlier
in the season on their own field also.
This places Creston in the lead for the
championship OF southwest Iowa high
schools up to date. 1t is hoped a game
with Shenandoah may be arranged for
Thanksgiving here. The Creston team had
made all plans to go to Charlton for that
date, but learned that Charlton was not
in the high school league, so the game
was Cancelled, as the local boys are out
for hOnors, and viii only play with teams
whore the score will benefit them.
Omaha daily bee., 1909-11-22
Nebraska

telephone ordinance, a twenty-year fran
chiae being adopted. This ordinance re-
peals that passed in 1906 and eliminates
nearly all Of the former one. The rates
to be charged are the main features Of
the new franchise, 81 per month for resi-
denee' phones and $50 for business phones
Is maintained on grounded lines. But a
provision Is made for $50 for residence
and 81 for business phones on the metallic
lines. 1t is possible that the ground cir
cult throughout the entire city will be
replaced by the metallic system in the
near future; the installing Of an electric
light plant, It is said, will make this
necessary.
Omaha daily bee., 1909-11-22
nrnlnnne Overshawoda IrrIEatIon.

PIERRE, S. D.. Nov. I-(SpepialJ-The
people OF the southeastern part OF the state
are certainly playing the drainage game
for keeps" at the present Tit last sum-
msr the drainage propositions In that part
OF the state have given the state engineers
department far more work than has the ir-
rigation work In the western part Of the
state. and nov nearly every day brings a
new proposition in the drainage line to be
considered by that department Yesterday
eight different petitions for drainage prof.
ects In Clay county alone were filed IN
the department. and practically every
county In the southeastern portion OF the
state is az present Interested In some OF
the drainage projects, either under way d
being petiti0ned for.
Omaha daily bee., 1909-11-22
Woman sues Mother-in-Law.

CRESTON, Ia. Nov. a-(special)-
Mrs. Emma E, Hall Of Bedford has fled
suit in the Taylor county district court.
charging her mother-in-iaw with alternating
the affections OF her husband. A. p. Hall,
for which she asks damages amounting to
$4,000 from her mother-in-law. Mrs. E..
r. Hall. she also charges defendant as
being 10 blame for the divorce proceed
Ings which have been begun by plaintiffs
husband against her on the grounds OF
cruel and inhuman treatment. The notice
states that plaintiff vii ask for tenn
porary alimony in the sum OF $500 and per
manent additional alimony amounting &C
$3.50.
Omaha daily bee., 1909-11-22
Nehrnakn No. Nntnn.

COLUMBUS-The Jury for the Novem-
Der term Of district court was discharged
Friday and the equity cases will be tried
next week. Two of the men who were
Bill Tyler and Ed Flynn, the former hav-
ing pleaded guilty to assault with intent
70 Kill, and the latter having been found
guilty OF assault with intent to do great
bodily harm. Tyler was sentenced to five
years and Flynn two and one-half years
in tho penitentiary.
Omaha daily bee., 1909-11-22
Mayor IngIedne AEain indicted.

MARsHALLTQWN, Ia, Nov. 21-(spe-
cial.)-The federal grand jury, which re-
ported late yesterday afternoon in Des
Molnes, returned new II additional in
against Mayor o. L. Ingledue Of
this city and Deputy Sheriff C. 3. Mason,
Deputy Marshal Michae Clark, Police Desk
Sergeant r. @. Goodale, Patrolman Frank
Haas, and Same and Fritz Wenger, sa-
loonists; Leo Mcnamara, bartender, and
Same Jones. They are charged with inter-
fering with a federal officer while he was
in the act OF performing his duty.
These Indictments, like the first, which
were returned in Davenport early in oc-
tober, are the outgrowth OF the arrest OF
L. E.. Van Vert, a special officer of the
Department of the Interior; ]. j. Talbot, an
Indian farmer: Rev. r, G. Smith, an In
dian missionary. and r. G. Holt, a Fox
Indian, while Van Vert was trying to get
evidence that the Wenger saloon sold liquor
to the Indian, Holt.
An effort will be made by I%ngledue's at
torneys to have the indictment quashed.
PILES CURBD IN & TO ~ DAYS.
Pazo Ointment Is guaranteed to cure any
case OF Itching, Blind, Bleeding or Pro-
truding Piles in 6 to "a days or money re-
funded 5Oc.
Omaha daily bee., 1909-11-22
PROMOTER PATTERSON CONE
(Contlnued from FIrst Page.l

CONTINUED from First Page,)
have a position given him by the assocla-
ton, but was always put off BY Patterson.
Lehr's application was dated November Q.
The association had elaborate bylaws
printed, together with considerable sta
tiCnery, membership applications and mem
bership cards, while the furniture in Pat
~tCrson's private office was new and Of the
latest type.
What action will be taken by the credit
ors Of The concern has been undetermined
but the Guarantee Clothing company will
take action towards securing the cost OF
the overcoat said to hav been secured by
Patterson.
Omaha daily bee., 1909-11-22
Irish Champions to wrestIe.

NEW YORK, Nov. AEON O'KeIy ana
Pat Connolly, both Of whom claim the
championship of ireland, win meet here to-
morrow night IN a finish match, catch-as-
catch-csn, best two out OF three falls. The
winner, It is likely, will meet Frank Gotch,
the worlds champion, IN the near future.
Omaha daily bee., 1909-11-22

Foley's Kidney Remedy win cure any case
Of kidney or bladder trouble that is not be-
yond The reach OF medicine. Cures back
ache and irregulErities hat II neglected
might result In Bright's disease Or diabeteS
sold by all druggists.