davidaulloa/AmericanStories huggingface dataset:
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-10-30
Special Notices

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FLOWERS received daly-31O Mesa
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-10-30
Masonic Notices.

Masonic Notices
-N-~-~~~-~-~-~-~-~-~-~---~
Ell PASO LODGE NO. 100. A. r. q A n
q Regular meetings LIST and ard
"a Wednesdays Of each month
EdW. w Pew, w III
~ l. 2. Gulett. Secretary
Masonic Relief Board, los Mesa Ave g.
hours 10 a. m. to II m
E. E. RYAN's DANCING ACADFITY At
me i. 3. hall Social dance every
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-10-30
Furniture Packed

e~~-e----~-~-~-r-r-----
Packing. UphOlstering, Repairing
Fred NJ. BaEEe. Phone S2T6.
YOUR FURNITURE packed; your mat
tresses renovated; your furniture re-
paired and upholstered. Quick service
and quality work our motto.
r. 7. Daniel Mattress Fctys
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-10-30

CLOSE IN ROOM COTTAGE.
Paved streets, near car line, that can
be bought at a bargain. If you are
looking for home don't miss seeing
this.
AndersOn-FIIler Realty Co.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

found not only men who are in favor of
more effective control by the federal gov
eminent of great combinations, but also
men who look with apprehension on the
growing tendency to transfer the regula-
ton of corporations engaged in interstate
commerce from the state capitals to
Washington, despite the fact that the
Constitution of the United States au-
thorizes such transfer.
No guess Of Justice Van Devanter's at
titude will be needed. for he was one Of
the four judges of the United States cir
cult court in the eastern district Of Mis-
souri, which decreed, November 20, 1899,
the dissolution of the Standard Oh Com
pany. the appeal of which is under dis
cussion. There is nothing to prevent his
reviewing as justice his own decision as
a judge, save his own sense of prOpriety.
He will no doubt join in the decision in
the tobacco case because he was not a
member Of the United States circuit court
of New York that decided against the
American Tobacco Company. And he will
very likely take part in the oil case if his
vote is needed to break a tie.
By applying the doctrine of stare decisis
follow previous decisions) guess at
the way the Supreme Court will decide
the oil and tobacco cases could be made,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

all the seven cases where the defendant
combinations were. found not guilty, and
he dissented In four other cases where
the defendants were declared illegal In
his dissenting opinion in the Transmits
souri, Freight Association case he held
that the Sherman law forbade only I'M
reasonable restraint of interstate and for
eign commerce. He also dissented in the
Northern Securities case because he
thought no overt art restraining inter-
state commerce was proven as a result
of the combination. Neither of these rea-
sons for deciding in favor of the defend
ants can, however, be applied to the
Standard Oil and American Tobacco COM
panies.
Justice McKenna has been a member of
the Supreme Court for thirteen years and
has taken part in eleven Of the seventeen
cases involving the antitrust law, In
those decisions his opinions and dissents
have been practically the same as Jus
tice Harlans
X
A member of the Supreme Court for
nearly eight years, Justice Holmes has
heard eight or the seventeen Sherman
law cases In the Northern Securities
case he dissented from the majority opin-
on Of the court. He based his dissent
on the fact that the parties to a COM
bination had right to agree to restrain
the trade Of each other; in other words,
that mutual restraint was not forbidden
by the antitrust law
The government maintained that such
view as that would take the life out
OF the Sherman law. The giant COM
binations have long since ceased at
tempting to restrain trade of com
petitors openly; the parties to the COM
bination simply agree to restrain their
own trade, and by thus acting together
with good team work, effective restraint
OF outside competition soon follows,
just as concerted ostracism of one mem
Der OF community would soon take
the enthusiasm and activity out Of him.
Justice Holmes also dissented in the
other holding company case, the wall
paper case.
Chief Justice White and Justice
Holmes are close friends. Each has
views on the kind of restraint forbid
den by the Sherman law, which views
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

were 1t not presumptuous to do so. But
it should be remembered that there have
been instances when judges have turned
right -about-face in their decisions. Even
so. although that court always finds some
way short of completely reversing it's de-
cisions.
No one doubts that the best paid legal
talent in the world, such as represent
the huge combinations of the United
OF procedure whereby the Standard Oil
Company and the American Tobacco
Company will attempt to carry on their
present-day operations in case the SUI
preme Courts face is turned away from
them. This will be only history repeat
ing itself.
But If the decision be against the
government-what then? An amend
ment to the Sherman law? An amend
ment with teeth In it, such as
was introduced in the United States Sem
ate May s, 1911. by Senator w. S.
Kenyon of Iowa? Senator Kenyon was.
it will be remembered, until only a few
days age chief trust buster for the
government, being Attorney General
Wickersham's first lieutenant in prose-
cutions under the Sherman law. A bill
proposed by man who has been SO
close to the situation will not be cast
lightly aside. even though it be not en-
acted into law. Senator Kenyon's bill
provides for Imprisonment. with no al
tentative. Of a director of a corporation
Mr. Rockefeller is director-found guilty
of monopolizing interstate trade The
bill also takes away from a person vio-
lating the antitrust law the govern
ment's protection of patent rights
Or will there be a statute requiring
large combinations handling necessaries
of life to get from tn, federal govern
eminent q charter or a license to engage
in interstate commerce.? Reports has 9
been printed from time to time that the
Attorney General Is p.eoAred to submit
plans for such amendment or such fed
eral license. Very likely the reason tho
Attorney General has not made any rec
ommendation Of the Kind before the de-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

are favorable to certain combinations.
The Chief Justice has said that the re-
straint, to be unlawful, must be I'M
reasonable, while Justice Holmes thinks
it has to be extraneous.
Justice Day has taken part in eight
of the seventeen antitrust cases be-
fore the Supreme Court. having been
member of that court seven years. He
agreed with Justice Harlan in the two
holding company cases, the Northern Sc
curities and Continental Wall Paper cases
He was one of the judges of the circuit
court of appeals which handed down an
elaborate opinion in the Chesapeake and
Ohio Fuel Company case. In this decision
Judge Day held that the Sherman law
prohibited all restraint, whether reason
able or unrea able
y
Justice Lurton came into the Supreme
Court little over a year ago-January,
191O-by promotion from d judgeship in
the circuit court of appeals. He has
not taken part in any Of the seventeen
Sherman law cases. though he was
present at both the hearings in the oil
and tobacco company cases.
His attitude can, however. be learned
from his decisions while judge, from 1SS3
to 1910, of the United States circuit court
of appeals. sixth circuit. 1t was that court
which decided, in 1898, the we'll known
case against the Addyston Pipe and Steel
Company. The opinion-a classic in
clearness and force-was written by
President Taft when judge, and was con-
Cured in by his associate on that bench
Judge Lurton. The decision was strongly
against everys combination In restraint OF
interstate commerce, no matter how in
genious the plan, and this decision was
affirmed by the Supreme Court.
Judge Lurton. while in the circuit court
of appeals. took part in five other cases
involving the Sherman antitrust law. In
four of these cases he upheld the Sher-
man law against the defendant combina-
items that were charged with restraint of
trade. In the fifth case Judge Lurton
found that the defendants had not vio-
lated the Sherman law, because their op-
erations were not proven to relate to in
terstate commerce. Even here. however
Judge Lurton stated that the courts
would interfere with the acquiring of
stock by a manufacturing company as a
preparation for acts in restraint Of inter
state commerce.
Gov. Hughes was appointed justice in
May, $780, and took his seat in October,
1910. His attitude cannot be learned from
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

American Tobacco Company are not
the old-fashioned, gobble-up-everything
trusts, but are simply holding COM
panies." The old argument. urged with
Company case in 1904. was pushed for
ward again. Counsel for the defendants
maintained that holding company.
which permitted the constituent corpora
lions to a combination to retain their
separate organization, was not obnoxious
TO the anti-trut law.
The Supreme Court itself has already
said that all this talk about being only
an innocent holding company won't GO /:
that the Sherman law prohibits restraint
Of trade by combinations lin the form of
trust or otherwise" and therefore that
any restraint of commerce caused by g
holding company is just unlawful as
though caused by a sure-enough trust
There is the Northern Securities Com
pany case, in which the Supreme Court
held, in 1904. that the attempt to prevent
competition between the Great Northern
and the Northern Pacific railway COM
panies by conveying to the Northern Sc
curities Company control of a majority
of their stock, was simply device to
restrain interstate commerce, and that
such restraint was illegal even though it
was only mutual. And then. the Cont
mental Wall paper combination was a.
holding company, organized to control the
selling of wall paper, and the Supreme
Court said, in 1908 or 1909, that Il was so
bad that parties to il had no standing in
court
1t is claimed. however, that there is in
the oil and tobacco combination cases a
new point for the Supreme Court of the
United States to decide, and that is this:
Is the holding company form Of combina-
ton illegal when part of the operations
Of that, combination are lawful-that Is,
when some of it's operating business is
not Illegal?
While as has been said, both the oil
and tobacco combinations are holding
companies. they are primarily operating
companies. the holding company feature
Of their business being Incidental thereto.
Will the fact that they are engaged in
some legitimate operating business as
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

cisions were given against the defendant
combinations. and he dissented from the
majority opinion of the court in four OF
the seven cases in which the defendants
were found not guilty of violating the
antitrust law.
Justice Harlan's contributions to the in
depreciation of the Sherman antitrust law
have served to create for this law re-
spect and fear that did not formerly ex-
list. not only in the attitude Of large
combinations of capital, but of certain At
torneys General of the United States. as
well.
Chief Justice White has had about half
as lengthy a service on the Supreme
Court bench as Justice Harlan, having
been there seventeen years. He was ap-
pointed Chief Justice by President Taft in
December, 1910. Like Justice Harlan, he
has participated In each one of the sew
enteen antitrust cases except a patent
monopoly case, but he did not deliver the
opinion Of the court in any of these cases.
The Chief Justice has not given the
Sherman law as broad an application as
has Justice Harlan. for he concurred in
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14
Side1ights on Cases Now
Before Supreme Court

we'll as engaged in monopolizing all the
trade they can by means OF the holding
company device be sufficient to let them
escape the censure by the Supreme Court
that the Northern Securities Company
received?
4
Counsel for the defendants have ar
gued at great length that 1t is suff1clent.
The brief of counsel for the American
Tobacco Company, for instance. made up
a book of nearly 800 pages. and one or
the principal points in that elaborate brief
is that distinction between their clients
and the Northern Securities Company;
that while the latter company and also
the wall paper company were organized
and maintained for the sole purpose or
restraining competition between the OPP
Grating parties, the American Tobacco
Company. on the other hand, is engaged
in operating the tobacco business itself
and is engaged in the holding company
business only as incidental to its real
tobacco business.
The United States circuit court for the
southern district of New York took diff
ferent view of the matter than this. hold
ing that the tobacco combination was
illegal to the extent in which it was en-
gagged in restraining interstate commerce
even though 1t be also engaged in operat-
ing some business which is not Illegal.
Shall a combination be regarded as inno-
cent under the Sherman law simply be-
cause they can prove that in addition to
violating that law they are also engaged
in other business which does not violate
that law? No. said the circuit court.
And now to study the attitude of each
justice toward the Sherman antitrust
law. All the nine places on the bench
have been filled. There have) been seven
teen important decisions by the Supreme
Court relative to combinations proceeded
against under the Sherman antitrust law.
In ten of these cases, or more than ma
jority the combinations were decided
against as illegal. while in seven they
We're found not guilty as charged. It will
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

cisions in the oil and tobacco cases Al Q
announced is because he is acting on tie
recommendation to Congress by the
President In December, 1910, when, in his
message, the President said:
Il do not now recommend any amend
ment to the antitrust law. In other
words, 1t seems to me that the existing
legislation with reference to the regula-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

JUSTICE VAN DEVANTER.
previous decisions. All that can be said
Is that he has the name Of being pro-
gressive reformer and that when he was
candidate for governor in 1906 he made
speeches in which he said he was in
favor Of the enforcement of the Sherman
law. Now, of course. he is an impartial
judge.
x x
Justice Lamar's only experience as a
Judge previous to coming to the Supreme
Court was on the bench Of he supreme
court Of the state of Georgia-1901 to 1905.
He resigned as state judge in 1906 and
practiced law until he was appointed to
the Supreme Court. December II. 1910
His attitude toward the Sherman law Is
not generally known. He is southerner,
and in his part of the country are to be
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

standards. The great body Of business
men Of this country, those who are re-
sponsible for its commercial develop
ment, now have an earnest desire TO
obey the law and to square their con-
duct Of business to it's requirements and
limitations. These will doubtless be
made clearer by the decisions Of the 9u-
preme Court in cases pending before IT.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

CONTINUED From Page Severn
of the counsel for the American Tobacco
Company:
''Mr. Parker, you ought to know this
thing. / want to know why 1T Is that
can't get a good chew of tobacco such as
/ used to get
Parker claimed that the tobacco was
just as good as ever. but Justice Harlan
and also Chief Justice White stOutly
maintained that it was not.
In the arguments before the courts
great deal was said about the fact that
the Standard Oil Company and the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

ton of corporations and the restraint OF
their business has reached a point where
we can stop awhile and witness the effect
Of the vigorous execution of the laws
on the statute books in restraining the
abuses which certainly did exist and
which reused the public to demand re-
forms. There has been a great i'm
provement in business methods and
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

The senior justice in point OF service ts
Justice Harland He has been on the bench
for thirty-three years He has participated
in every one of the seventeen Sherman law
cases except a patent monopoly case. He
delivered the opinion Of the court In the
well known holding company cases. the
Northern Securities and the Continental
Wall Paper Company cases. He also con-
CURED in eight other cases In which de-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

ox~1xx w OXx
BY Her
Don't bluff You can't real unless you hold strong
later you'll be "cale and found with your
busted flush
The that often the betting eventually
runs against
The Of working hard to make good, and won't
let you cheat yourself into the places which honoraby and
capaby possess.
Realize and for all time that unturned wheels do
grind gristtha results can't be gained without application
Even king can't read until he learns the atphabe the
in royal gardens die quickly from neglect those in the
CATERS yard.
You do much the demand much
he
You make make for betters
the fields long have been required
to stick to the highway.
You travel as far and pod long the
majority.
You only shorten the journey the goal by developing
better stride and striking faster pace.
The fact consider yourself hred enough
by giuing less is absolute proof that you can't.
you were clever you'd recognize the futiy of the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14
By Herbert Kaufman

weU lend strength to help him sustain his rights.
What you did learn how earn you can't Defend s
Just to maintain position occupy it
The earth has produced thousands of your type of fool Every
century has kno e but have been known beyond
their century.
the undeseruing permitted gain and the
benefits the strvg there would be impetus to the ambitious
The injustice of life would discourage from making unusual
efforts
The Children of Fame have left their footprints the
plains Their paths akedn the upuOardpes
They did slide into enanence They had toll for their
laureLs.
Their factories did betcng with smoke because they
lay under the Wishing Tree and desired great industries become
realities
They did not bump into blast furnaces acci
dena pick random railway odd corners the globe
They did laboratories workshops and rub
their astonent at the sight of perfected talking
chimes and bplanes houghy provided by fairy godohers
LEADERSHIP. THEY WON BECAUSE THEY HELD STRONG
HANDS,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

ENCOURAGEMENT made by the
Smithsonian Institution that it is
preparing to complete in a COM
paratively short period investi-
cations which are expected to
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14

CONTINUED From Page seven.)
The oasis., 1911-08-19
Development at the Red Cone.

The lower tunnel on the Red Cone mine in the Patagonia monn- tains northeast of Nogales IS DOW nearing the ore body and the man. agement expects 10 reach the ore body in the next thirty days, The rest of the cross-cut tunnel Is all mineralized now with stringers of high grade copper ore. These stringers also carry gold and silver This property has over six million dollars worth of ore blocked 0ns in gold, silver and copper!S The ore as a body runs better than 23 per cent copper per ton wiih high grade shoots that pay to ship.
 The management has succeeded in interesting eastern capital and will build six mile spur and put shelter on th7 properly. It looks very promising for the stock holders of the Red Cone mine 10 soon realize dividends on their in yestment, as this mine has the ear marks of being one of the high grade copper properties of Son. thern Arizona, with the addition of three dollars gold and silver values making it doubly desirable az an investment.
The oasis., 1911-08-19
An irrigation Project.

The Arivaca Land < Cattle Company has projected reclaDa- ton scheme which will be gbe means of furnishing an abundant supply of water to irrigate large tract of land in Santa Cruz and Pima counties, over in tbe Gro Blanco country. At a very likely site at Il point about three miles northeast of the Gro Blanco settle ment dam will be erected wbieh will impound the drainage OE great area of country and create B large reservoir. The Montana Camp is at the head of the water shed. At the point where the dam is 10 be built there is a naryow caiion with short turn, and It is in the turn that the dam will be built, which will cause the weight of the impounded water 10 rest against the hill above the turn rather than against the dam. The latter will be sixty feet broad at the base, and will arise to height sufficient to impound 9 vast volume of water amounting tO many thousand acre feet, which will reclaim a large body of fine land.
The oasis., 1911-08-19

Accounts from all parts of Santa Cruz county convey intelligence of great damage to crops by the grasshopper pest. Visitors in No- gales from the Orc BIanco coun- try, in the extreme western part of the county and from Parker Ca non, in the extreme east, describe the devastation and destruction as complete; and the same kind of reports come from the Santa Cruz and Sonoita valleys.
The oasis., 1911-08-19
ways.
Benson Rooms.

Tuesday evening Mir. William Shiliam of Benson, was at Nogales- Wednesday the gentleman Weni 10 Tucson. Mir. Shilliam reports that Benson ,s quite lively. Benson has been made the headquarters for the construction contractors of the Fairbank- Tucson extension of the El Paso x Southwestern rail- way, work upon which will begin i'm mediately, and they have com menced assembling already men and supplies with which 10 begin work on the grade. Two and ono- half miles is the nearest to BaDsOn that the line of the new road will come, but the town is much closer than any other point to several of the largest grading camps that wili be established, and they Will be reached most conveniently from that place.