davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
ARGUMENT FOR THE
CORPORATION TAX
Brief of Lloyd w. Bowers, So
licitor General, Filed in
Supreme Court.

Washington, March 15.-The govern
ments defense of the constitutionality of
the corporation tax provision of the new
tariff law was submitted today in print
ed form to the supreme court of the
United States. 1t is the work of Lloyd
w. Bowers, solicitor general, but bears
the signature also of his chief, Attorney
General Wickersham. Upon it the gov
eminent will shape its oral defense of
the law when the corporation tax cases
come up for argument, probably Tuesday.
The first point sought to be made is
that the tax is not a direct tax upon
property, but is an excise tax upon the
carrying on or doing business" The
declarations of The statute, as well as de
cisions of the courts, are relied upon TO
support this point.
AS to the statute, Mr.. Bowers said in
his brief that it shows the transaction
of business to be the subject of the tax
and that the income of business is used
merely as measuring the amount of tax
which rests, not upon that income, but
upon the occupation from which it is
derived"
These reasons, together with the de-
cision of the supreme court in the SpTeek-
els case, which the solicitor general eX-
plains as holding that tax declared in
the statute to be laid on Business in an
amount equivalent to a certain percentage
of income is an excise tax on the BUSH
ness.
They are taken by him as sufficient
to show that the corporation tax is an
excise on the transaction of bus
mess. However, he proceeds to cite cases
to prove that although the tax were laid
on the income of business it would still
be an excise upon the business. a list
of inheritance tax cases are cited TO show
it is an excise of tax.
If a tax upon the right TO receive prop
erty, personal or real, by inheritance, is
not direct tax on the property, though
(as WAS true of all the federal inherit
lance tax iaws) the Inheritance tax is
measured by the value of the inherited
property, said the solicitor general, it
must be equally true that a tax upon
the exercise of the right to use property
in one or another kind of businesses
pecially under the peculiar conditions and
advantages of corporate business-is not
a direct
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16

the plan of attack and graphically de-
scribed the operations. Colonel Roosevelt
astonished the inspector with his mar
velous knowledge Of the history of the
Omdurman and the military tactics en-
plOyed by both the British and Khalifa' S
troops.
Before leaving. a son of H H Asquith.
British premier. was introduced. The
party then returned to the Elfin and
went to the palace, thoroughly delighted
with the trip.
The ex-president expressed his regret
today that he would be unable to return
to the United States by way of San Fran
cisco, as the approaching marriage of his
son, Theodore, Jr., neceSsitated his pres
ence in New York in June. This was in
response to invitations extended TO him
by various western cities TO pay them a
visit on his journey homeward.
Luncheon at Palace.
This evening dinner was given at the
palace. at which some thirty covers were
laid, the guests. in addition to Colonel
and Mrs. Roosevelt and their son and
daughter, included Slatin Paeha. Colonel
and Mrs. Pink, Lieutenant-Coionel and
Mrs. e. Z. Bernard, Major P. R. Phipps,
Bishop Gwinne, Sir Cuthbert CUTLER and
Lord Errell.
r. G. Bonfils Of Denver, who came here
to meet Col. Roosevelt, today had an in
terview with the latter and presented him
with a petition from the chamber of COM
merce of Kansas City and other western
cities asking the former president to re-
turn to the United States by way of San
Francisco.
Mr.. Roosevelt replied it would be i'm
possible for him to accept the SUCCESS
ton. owing TO his engagements. If pos
sible. however. he said he would visit
Denver and Cheyenne during the frontier
day celebrations in August
Colonel Roosevelt, upon his visit to the
Gordon memorial college. addressed the
students informally, expressing great in
teTest in their work and remarking upon
the splendid progress made by British
energy within the few years that its in
fluences had been exerted in Khartoum
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
.HARAHAN'S GRIP IS GONE
w. L. Park, Late of the Union Pa
cific, Now the Chief Mogul of
Illinois Central.

New York, March 15.-W. L. Park, IN
til recently general superintendent Of the
Union Pacific. is now the virtual head
of the Illinois Central railroad, accord
ing to gossip In Wall street, although J.
T. Harahan holds the title of president.
Rumors have been current of late that
Mir. Haraban was to retire and today
this announcement was made:
AT a meeting of the board of directors
OF the Illinois Central railroad, held in
New York, March 7, w. L. Park was
elected vice president, with offices in
Chicago, and as such will have charge
and supervision of the transportation,
maintenance, motive power, construction,
purchasing and pension departments OF
the company"
This virtually places Mr. Park in
charge of the road, superseding, in au-
thority at least, Mr.. Harahan, who was
made president by T. II. Hartman after
the historic fight with Stuyvesant Fish
in 1906.
Chicago, March i5.-The resignation Of
Frank B. Hartman as general manager
of the Illinois Central railroad was Of
fieially announced tonight. The duties
of the general manager are TO be as
sumed by w. L. Park, recently made vice
president in charge of operation. Mr..
Hartman has been in the employ Of the
road for more than thirty years.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
REACHED DESTINATION
AFTER So LONG YEARS

FL Paso. Tex. March 14.-Jerry Faust,
an employee of the Southern Pacific rail-
road. today received a letter mailed in
Pennsylvania thirty-three years ago.
The letter was addressed TO him at
Pittsburg, and was written at Blanch-
ard, Pa. July 2, 1875. by his step
mother, Mrs. Mary Still. Faust left
Pittsburg many years ago. His step
mother has been dead fifteen years.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
KELLOGG ARRAIGNS
THE OIL MONOPOLY
Government Attorney Declares That
New Jersey Company is Men
ace to the United States.

Washington, March 15Holng up the Standard Oil company
New Jersey danger the country and its organization
c precedent that should be eradcad from the business world Frank
Kellogg today aagned the corporation before the supreme
the United States
the to be heard in the argument
solution the company decreed by the circuit United
States for the eastern district of Missouri
Except about 20 that John Mbun at the beginning
of the sitting the conclusion of his opening address equal
length by Watson the close the
defense the Standard OIL all the time taken by Mr. Kellogg
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16

There was no change in the general sit
nation today While there were num-
her of desertions in the strikers ranks
these. il was stated by the labor leaders
were more than counterbalaHced by ac-
cassions to the ranks Of the strikers.
At the conclusion of the conference
Mr. Earle who is the city's representa-
tive on the traction company director
ate, said:
ssrbe union wanted all the men not only
taken back but given their former runs.
Mr. Kruger stated as definitely as he
could Yesterday that this would involve
a breach of faith with the men who had
remained with the company and the COM
pany would never agree to the demand. "
w d. Mahon. president of the ANA l.
garlated association. who represented the
Carmen at to,iay's conference. it is said,
insisted upon the unemployment Of ali
striking carmen.
There were a number OF accidents, IN
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
DEBT BROKE THE BANK.

Mexico city, March 1.-THE debt of the
Mexican National Packing company to
the United States Banking company is
s2,072 S7S gold according to an itemized
statement filed by the receiver of the
bank in the second civil court here today.
The bankruptcy proceedings of the two
companies, both of which were placed in
the hands of receivers several weeks ago.
are being carried on in the same court.
The statement of the packing COM
psny's Indebtedness to the bank shows
that between the 9Th and 18th of Janu-
airy exchange TO the amount of $685., 387
was protested in London.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
TWO EXPERTS DETAILED
Work of Eradicating tuberculosis of
Cattle in Utah Now Certain
to Be Continued.

Especial to The rald-Republican)
Washington, March 15.-The efforts of
Governor Spry and Senators Smoot and
Sutherland to have government veterin-
arians detailed to continue the work Of
assisting to wipe out tuberculosis of cat
tie in Utah have been successful. Sec
rotary of Agriculture Wilson today noti-
fled Senator Smoot that at least two of
the veterinarians i'm the government en-
ploy would be retained upon the work
of fighting bovine tuberculosis. The others
who have been assisting in these efforts
must be returned to their duties of eradi-
eating the sheep scab in Utah
The decision of Secretary Wilson was
in response to the request of Governor
Spry. made through the senators, and is
very pleasing. The Governor was today
notified of this action.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
STATE LAW UPHELD.

Madison, Wis. March 15-The eonsti
nationality of the Wisconsin co-employe
law was upheld today in a decision OF
the supreme court In the case of Michael
Kiiey VS.. the Chicago. Milwaukee & ST
a section of the railroad company.
through another workman's negligence.
was injured In the eye. The lower court
gave Kiley 5000 damages The case was
appealed.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16

In his speech. NJ BRAND said church
property valued at $4,000 900 had been
transferred 10 public charity By this
method without scandal
". Jaures led the sOcalistic attack on
the ministry and did not limit his de-
nunciatiOn at the long delay in bringing
Duez TO book. The members of the CATH
olic right, who, It was expected would
seize the opportunity to make capital
for the coming elections held aloof. con-
tenting themselves with derisive inter-
rupfiOns.
NJ BOuvray, brOther-in-laW of the for
mer liquidatOr Duez. was voluntary
witness today before ~. Aiheinel, exam
ming magistrate. He explained the
stock losses which Duez had sustained
and which he declared would not exceed
s299.O00 A woman testified that she had
received 100000 from Duez in the last
ten years.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
CASE DISMISSED
Cudahy VIII Not be Prosecuted for
Knitting Banker LilIis.

Kansas City, March 15-When the case
of John +. Cudahy, the millionaire club
man, charged with attacking Jere F.
Lillis president of the Western Exchange
bank of this city, was called in the munic-
ipal court here today neither Cudahy
nor Isillis appeared, and the case was con-
tinued at the request of the city attor-
ney.
This case won't be prosecuted, will it?v
Police Judge Kyle inquired.
7 don't believe So" the city attorney
replied
Let's dismiss it. then" the judge sug-
gested.
But the city attorney insisted that the
case be continued, and the Judge ordered
the continuance
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16

one of which an unidentified woman was
struck by a car and instantly killed.
Officials of the Transit company ex-
pressed their displeasure at Director
position of treating with the striking mo-
tormen and conductors. A representative
of the company declared:
IF there was any chance-and there
really appeared TO be a good one yes
terday-of clearing up this situation and
ending this strike BY tomorrow night, it
has been totally killed by the action of
George II. Earle and Edward Lowber
Stokes
William Fl. Sbelmerdine, a member of
the Rapid Transit directorate, said
Mr.. Earle has placed the board In a
very embarrassing position. Mr.. kruger
attended the conference under a Ynisap-
prehension. Had he Understood the
reason for tine call to Mr.. Earle's office
and known whom he was to meet there,
he would hot have gone.''
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
NAVAL TUG NINA GIVEN
UP BY THE DEPARTMENT

Washington. March 15.-The ill-starred
naval tug Nina, which sailed away from
Norfolk. February for Boston, by Of
fetal order, was stricken from the naval
list today.
This constitutes an official declaration
by the navy department that the little
vessel is lost with all on board
In accordance with law the government
Will pay the next of kin, of officers and
crew the mems full wages for six months
from this date. After that under the
terms of the general pension law. the de-
pendent relatives will receive the usual
pension.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
James H. Burtner Makes Sem
sational Attack Upon Two
Companies and Asks for Ap,
pointment of a Receiver.
CARBON COUNTY PROJECT
AND OTHERS UNDER FIRE
Prominent Men Accused of
Juggling Finances to Freeze
Out Stockholders After An
Assessment Against Stock.
WANTS RECEIVER NAMED

Fraud and mismanagement
of the affairs of the Irrigated
Lands company are charged
by James H. Burtner, a stock
holder, in a sensational suit
filed in the Third district
court yesterday, in which he
asks that a receiver be ap-
pointed for the Irrigated
Lands company, and that the
directors be enj0ined from en-
forcing an assessment of 50 a
share on the outstanding CAPT.
tai stock.
The suit is directed against
the Irrigated Lands company,
the Price River Irrigating
company, John Y. Smith, Van
D. Spalding. Charles Tying,
George A. Smith, Thomas Aus
tin, Ira D. Wines, Thomas
Webb, Frank K. Nelson, Al
bert Smith and William D.
Livingston, all of whom are in
terested in both Of the COM
panies.
As an evidence of the manner in which
money of the Irrigated Lands company
has been squandered Mr.. BURNER points
to the fact that when $4,000 was bOr-
rOWed from the state it was with the
understanding that the project would cost
no more than this to reclaim lands Gin
Carbon county, in what was known as
the Mammoth reservoir project. Later.
he says, because of the mismanagement
Of the first loan. another loan was made
from other parties, amounting to 100000.
though the irrigation company gave notes
amounting to $4,000 TO get the 100.000-
making the $4,000 a bonus. It is claimed
that the men who advanced the money
to the company were all directors il. the
company, and exacted the unfair and
"usuriOus" loan from the company. In
addition, il IS claimed, the land company
gave an additional $4,000 in notes TO the
directors, through their own action. as
a bonus for the big loan making a total
Of $225,000 for the loan Of lO0000-0r a
bonus of Sf25.000.
Should Make Loans Void.
BURNER declares these loans should be
declared void because Of their usurious
character, plainly to wreck the company.
He declares that all through the his
tory of the irrigation company there
runs instances OF fraud and misman-
agement. He asks that a receiver be
appointed for the company who will be
given power to sue the directors for some
of the assets which he claims they hold
wrOngfully and that the Price River r.
rigating company directors be restrained
from enforcing the payment of the s.
asse ssment.
1t is claimed that John Y Smith, Charles
Tying, George A Smith and Thomas
Austin have delegated to themselves the
running of both companies. and have
adopted fraudulent methods to wreck the
Irrigated Lands company and force out
all other stockholders, meanwhile ap-
CONTINUED on Page Two.)
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16

II HARTOUM. March 15.-Colonel Roose-
- Velts second day in khartoum was
- given up largely to sightseeing. The
most interesting place of all TO the for
mer president was the battlefield of Ker-
rerl, which lies seven miles north of On
durham. 1t was here that the advance of
the Angio-Egyptian army, under Sir Her
bert Kitchener was contested by the
Khalifa and forty thousand men. and it
was here that the bodies of u, ZOO dead
dervishes We're counted the following day.
Colonel Roosevelt. accompanied by Mrs.
Roosevelt. Miss Ethel and Kermit, Slatin
Pacha, Inspector general of Egypt, Ma
jor Wilson. Governor Of khartoum,
Prince Auerspert. Mrs. Asser, an init
mate friend of Mrs. Roosevelt. and others
went to Omdurman on the sirdar's yacht
scene OF the great battle of September ?,
1898.
Escort of Cavalry.
An escort of Sudanese cavalry was in
waiting when the yatcht came to her
dock, and Colonel Roosevelt Immediately
became interested in the hOrsemen, who
were picturesquely attired. He inspected
the squad and then the party mounted
camels preparatory to the seven-mile trip
over dusty roads. Innumerable cameras
were focused on the Americans, who
seemed TO enjoy their unusual experience
no less than did the crowds who had
gataered and who cheered the former
president as he mounted a ship of the
desert"
The cavalcade started with the cavalry
'sc0rt in front and in the rear. The first
lalt was made at the monument erected
to the TWenty-first Lancers, who here
received their baptism of fire. In this
battle the Lancers made a desperate
eharge but fell into an ambush at one of
he dry water courses scanning the plain
md many We're speared by the dervishes.
The guides took the party to the Donga.
where the spearmen We're concealed and
described the humiliation of the Ian
cerS.
Thence they went to hill overlooking
he battlefield. Slatin Pacha explained
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
MARINES SHIFTED.

Washington. March 15.-The navy de-
partment has given orders for the eI1ba--
kation on the Prairie of $50 marines VINO
have been stationed on the Isthmus Of
Panama since June, 1908. Their places
will be taken by marines who have been
aboard the Buffalo on the west coast
of Nicaragua. so there viii still be a force
of about 1,40O marines to guard the ca
nal zone
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
GIVES A BOND OF $4,000
David Eecles Released on Bail-Gov-
eminent Files Suit for Nearly
Half a Million.

Portland, Ore. March 15.-Dsvid Eccles
of Ogden, Utah. gave 5000 bond today
for his appearance to answer to a charge
of conspiracy to defraud the government
out Of public lands located in eastern
Oregon.
defendant to a civil suit, in which the
government seeks to recover $3.50. 600
which it contends is the value of 300O0.-
COO feet of lumber, alleged to have been
cut from sixty timber claims which the
government claims were fradulently ac-
quired by Eccles and his associates.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
NO DISCRIMINATION

Washington, March l5.-The House
committee on naval affairs today report
ed unanimously the bill introduced by
Representative Hobson of Alabama, pro-
viding a penalty for the exclusion of SOL
diers or sailors from hotels, restaurants,
theatres, dance halls and other public
places.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
conference RESULTED IN
CALL FOR OUTSIDE STRIKE
Philadelphia Traction Company and
Carmen Unable to Reach
Working Agreement

Philadelphia March 15The conference with George H. Earle did
result suggestion the settlement of the
and negotiations therefore be considered ended the
official statement issued tonight by the general strike committee of en
Greenawal federation labor tonight
labor unions of the general strike vote and
readiness for the statewide
pathetic strike authorized by the convention of the state fedora
ton at Newcastle.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
LIQUIDATION SCANDAL is
NOT FATAL TO GOVERNMENT
Premier BRAND Energies From the
Dues Affair With a Vote of
Confidence

Paris March 5-Far from causing ministerial crisis
deputies the
the religious orders resulted tonight the adoption
343 49, condemning the
alton executed but expressing confidence the prom
Use to fix the responsibility and punish the guilty
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
WRECK TO BE RAISED.

Washington, March 1.-THE House
COMMITTEES on naval affairs today favor
ably reported a bill appropriating $500, 00e
to raise the wreck of the battleship Maine
in Havana harbor. The action was taken
on the statement of the department clat
the wreck was menace to navigation.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
GOES TO SIBERIA.

St. Petersburg, March 15-The verdict
against Nine. Breshkovskaya, which was
officially published today, condemns her
to exile in Siberia. She has refused the
offer of her friends to pay for her trans
portation and special privileges.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-16
Exchange of kilograms.

The acceptance of mediation was con
tanned in the following telegram sent by
the brotherhood to Messrs. Neill and
Knapp:
Matters in controversy involve condi-
tions of employment and increase in
wages Committee preparing to leave
city. but if assurance is given that me-
dation will begin Immediately and I'm the
city of Chicago. authority for the men to
leave the service of the companies will
be temporarily withheld The fact that
We have proposed arbitration on all mat
tiers in controversy and the fact that the
managers committee has rejected our
proposition does not lead our men to ex-
peet a settlement from mediation. but as
evidence of our fairness viii accept your
friendly offices under the conditions
named herein. Please answer promptly.
(Signed) ''W. 5. CARTER
The committee sent the following letter
t. the general managers;
Wv. c. Nixon. chairman of the mana
gers committee:
Dear Sir: Your letter of March Is
has been received. in which YOU COM
municate the information that the mana
gers have invoked the aid of the Erdman
Continued on Page Two.)