davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30

ecessities Of the situation require, TO ex-
tend such period to further time not W
exceed sixty days.
Fourth-That In the event, before the * Z"
piration of tho period thus fixed. cond !.
ton OF disintegration In harmony with tne
law is not brought out. either as the conse-
quence OF the action Of the court IN ne,ea
mining an issue Of the subject, or IN &C
ceptIng plan agreed upon. II shall be tne
duty Of the court. either by way OF an m
junction restraining the movement OF INC
products OF the combination In the cha u.
nes OF interstate or foreign commerce. or
by the appointment OF a receiver, 10 give
effect TO the requirements Of the statue.
Pending the bringing about Of me re-
suit Iust stated; each and all OF inc %
remnants. fndlvlduals as well as corPoi"
tons. should be restrained from doing any
act which might further extend or enlarge
the power OF the combination by any
the considerations we have stated. we
leave the matter to the court below 70
work out compliance with the law Will
OCT unnecessary Injury TO the pubic or tne
rights OF private property.
While in many substantial respect:
our conclusion is in accord with that
reached by the court below, and while
also, the relief which We think should b.
awarded in some respects is coineident
with that which the court granted, in
order to prevent any complication and
to clearly define tho situation. We think,
instead Of affirming and modifying our
decree, in view Of tho broad nature OF
our conclusions, should bs one Of re-
versaI and rsmanding, the costs in this
court to be borne by tho defendants be-
low, with directions to the court below
to enter a decree in conformity with this
opinion and to take such further steps
as may be necessary to fully carry out
tho directions which we have given.
AND IT is so ORDERED.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
VICTORY COMPLETE, SAYS
Mr.. W|CKERSHAM
"Most Comprehensive and Effec.
tive" Application Of Anti
Trust Law.
SUSTAINS THE GOVERNMENT
Attorney General Analyses Chief
Justice Whites Opinion,
and Expresses His
Qualification.

Washington. May 29-A statement
from Attorney General Wickersham to-
night characterizes the Supreme Courts
opinion in the Tobacco case as COM
plete victory for the government.
1T is scarcely TO be conceived" says
the Attorney General, that any more
comprehensive and effective application
OF the statute to this vast combination
could possibly have been decreed."
THE decision In the Tobacco case" he
continues. lin the most comprehensive
and sweeping manner sustains the POSI-
ton taken by the government with re-
spect To the decree below. II reverses
the action Of the Circuit Court in dis
missing from the bill the individual de-
PENDANTS. the British American Tobacco
Company, Limited. the Imperial Tobacco
Company. Limited. and the United Cigar
Stores Company. holding that they are
Ali parties to the unlawful combination
which is condemned by the decree.
The court gives an Interpretation OF
tie decision in the Standard OIL case.
saving that It was there held that In
view Of the general language Of the stat
ute and the public policy which 1t mani
fosted. there was no possibility u frus-
tra,ina that policy by resorting TO any
disguise or subterfuge Of form, since re-
sort To reason rendered It impossible to
escape BY any indirection the prohibit
lions Of the statute
.It then holds that the history Of the
Tobacco combination is so replete with
the doing Of acts which IL was the OBJ
yious purpose of the statute 10 forbid,
co demonstratiye Of the existence from
the beginning Of purpose TO acquire
dominion and control OF the tobacco
trade. not by the mere exertion OF the
ordinary right to contract and to trade.
but by methods devised In order TO
monopolize the trade by driving COM
petitors out Of business. which were ruth
les.ly carried out upon the assumption
that 10 work upon the fears or to play
upon cupidity Of competitors would
make success possible
Holding. therefore, that the comblna-
ton as whole and all its cooperating
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30

end associative parts. in whatever ,o,..
clothed. constitute a restraint Of trad.
within the first section OF the sheru..
act and an attempt to monopolze end
monopolization within the second a...
ton. the court remands the cause n -.
Circuit Court In New York for tho mn,
pose Of working out some plan ~ A.
Indignation OF the combination which ,,,,
recreate a new condition which shall \.
honestly In harmony with and not repv,.
nsnt 10 the law.
'Tt gives the defendants six month,
within which n work out that ras,,.
with the right In the Circuit Cour, %
extend that time two months II II shan
seem to IL proper. and provides tina, du,.
ing this period each and all Of the IA.
PENDANTS, individuals as we'll as corpor,.
tons shall be enjoined from doing an,
act which might further extend or en-.
large the power Of the combination n,
any means or device whatsoever. ara
that II. al the end Of the time 81 al.
lowed. such a condition OF dlsintegra,lo,
In harmony with law is not broush,
about il shall be the duty Of the Cir.
cult Courr. either by way Of injuncto,
restraining the movement In inter.ta,s
or foreign commerce Of the products ~
the combination or by the appointment
of a receiver of the entire combination
to give effect TO the requirements Of tn,
statute.
1T ia scarcely 10 he conceived tha,
any more comprehensive and effective
application Of the statute TO this vas,
combination could possibly have been
L.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
"RULE OF REASON" SETTLED
Regarded Now as Future Guide
for All Federal Courts.

Washington. May eft is regarded
as settled that the rule OF reason" will
prevail in all the courts Of the land in
the Interpretation OF the Sherman anti
trust law. at least until the personnel OF
the Supreme Court greatly changes or
the law is amended.
In reality, the Tobacco decision was
nothing less than n deliberate applica-
ton OF the rule Of reason" to ''undls-
Iuted facts.'
Unlike the Standard oil Company,
which has made M request for hear
ing. William r. Perkins. counsel for the
American Tobacco Company, asked the
court. after the decision had been an
nounced, for leave to present petition
and to stay the issuance Of the mandate
of the cour. for thirty days. The request
was granted. Soon afterward, the court
adjourned until October.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
Chief Points Of Tobacco Decision

The American Tobacco Company held to be combination
IN restran Of trade and monopoly in violation OF law
The United Cigar Stores Company the British American
~ omnanv and the Imperial Tobacco Company the socaea
Bts trust the bills against which were dismissed by the C"
Court were found violatiVe of the law
The decision affects sixtyve American corporations two Eng
;h orrorat;ons and twenty individual defendants
The case is sent the Circuit Court here to give an oP
norniv TO the company to disntegate and ecreae
If transacting business repugnant to the law
If at the end eight months the corporations a TO
bring themselves in harmony with the law receivep and ds
solution will follow
,rh or,,anv Is held to have been guilty of intimidation and
20 have shown clear purpose stihe competition
Chief Justice White announced the decision which was unani
l g.;ns the company although Justice Harlan dssented
points. Il:
A in the Standard Justice Harlan resents the apP-
cation of the rule OF reason to the sherman aust law, Inc
defendant corporations guilty OF conscious
,ongdong Justice Harlan is not at all anxious to perpetae
anv new combination growing out OF then'
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
PHILIPPINES NOT FOREIGN
Contention of Importers of To-
bacco from Cuba Denied.

Washington. May 2o.-That the Philippine
Islands are not country foreign 10 the
United States. so far as the revenue laws
are concerned. was again decided by the
Supreme Court Of the United States to-day,
when It held that importers OF cigars from
Cuba were not entitled to bring them into
this country at rate OF duty 20 per cent
less than was paid on Philippine cigars
The contention Of the importers OF Gu.
ban tobacco was based on treaty between
Cuba and the United States. by which the
duty on Cuban cigars was TO be ~ per cent
less than that on cigars imported from any
other country"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30

o.tion. is so plainly required in order 70
e,;ve effect to the remedial purposes
vvh;oh tho act under consideration cor.
templates, and to prevent that aot Irou ~,
Gcstroyinu all liberty Of contract a"o Az
substantisNriohtt to trade, and thus Gsu',
inc the act\to BIO at war with tse', ~
ar,ihilatinq tho Fundamental r'9"t
freedom to trade, which. on the very az
OF the act, it was enacted 70 preserve
illustrated by the record before W. 49,
truth. the plain demonstration Wh'en 'n's
record oives of the injury which wouio
arise from and the promotion OF !ne
wronos which the statute was intenoeo
10 GUARD AGAINST which would result
from oivino the statute narrow I'M
reasoning and unheard OF construction,
90 illustrated by the record before US,
possible serves to strengthen our conV'o.
ton as to the correctness OF the RUE o.
construction, the rule OF reason, wn'cn
was applied in the Standard VI! oase'
,ha annlication of which rule to tho
statute we now. in the most uneou'Vo@d'
terms, re-express and reafflrn,.
Application Of Law to Tobacco Case
When if came to an application OF the
law as laid down in the Standard OH case
10 the Tobacco case all the difficulties eug-
eested by the mere form in which the as
sailed transactions were clothed became OF
no moment This was because. ne salu'
the standard oil case held that every con-
ceivable act which could possibly come
within the spirit or purpose of the prohloi-
ton of the law without regard 10 the ga'o
in which such acts were clothed was en-
braced in the law.
The court next took M the problem or
determining whether the acts. contracts.
combinations etc. complained Of were OF
such IAN unusual and wrongful character
ne to bring them within the prohibitions Of
! he
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
MINOR CASES DECIDED
Will Not NEEDLE with Oklahoma
Capital-Monks Win.

Washington, Ma 29.-Tne capital Il
Oklahoma will remain al Oklahoma City
so far as the Supreme Court Of the United
States is concerned. That tribunal to-day
declined TO hold that the Oklahoma statute
enacted last December 10 remove the CAPT.
tai from Guthrie was unconstitutional
The constitutionality Of the law passed
bv the Massachusetts Legislature In isr
directing that deposits In savings hann
and trust companies unclaimed for NOR.
than thirty years after the date OF the Las,
deposit. and whose claimant was unknown
be turned over 10 the state was Upheld.
The Provident Institution for Savings IN
the Town OF Boston attacked the law a.
unconstitutional The Supreme Judicial
Court Of Massachusetts held II was valid
Reviewing the expulsion of the ear.
thusian monks from France in 1915, II.
court upheld the monks claim 10 the
American trademark on Chartreuss, for.
merry made by them in the French Alps
The trademark also was claimed by French
distllers
The State OF Utah lost its suit against The
Montelo Salt Company for title 20 larg.
tracts OF saline lands In that state.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
Wide Measure OF Relief Needed.

The Chief Justice next took up cons.dera-
ton of the remedy to be applied. with the
combination as a whole. with all its CO.
operating and associated parts. violating
both the first section Of the Sherman law
I'm regard 10 restraint OF trade and the
second section in reference to attempts 10
nonopolize or "A monopolization. declared
that the relief must he wider than that
awarded by the lower court. The Circuit
Court he said. had merely decided that
certain OF the corporate defendants con
stituted combinations IN violation OF the
first section Of the actN because they were
formed by the union OF previously COM
pcting concerns.
In arriving at the proper relief the court
said that 1t had been guided by three
dominant influences The first OF these was
described as the duty Of giving complete
and efficacious effect 10 the prohibitions Of
the statute" The second was the duty Of
accomplishing this result with as little
injury as possible to the general public"
The third was "a proper regard for the
vast interests Of private property which
may have become vested in many persons
as result Of the acquisition either by way
of stock ownership or otherwise OF inter
ests m the stock or securities OF the com
bination without any guilty knowledge or
intent IN am way 10 become actors or
participants In the wrongs which We And
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-06
Cocuelin Made the Audience Wait.

CoqueIin Made the Audience Wait.
The architect Binet was a friend OF
the elder Couuelin. He delighted 10
speak of a performance OF ''Cyrano
de Bergerac" in which he went 10
praise the genial actor in his dressing
room between acts.
Il admire you above ALL" be said
to the actor, lin the couplets of the
Cadets Of Gascony.'"
At that moment word came to CoQue-
lin that the curtain was rising for the
next act.
''Wait. watt" exclaimed CoQuelin.
Leave me here alone with Binet"
"My friend" be said to the arcm1ecu.
1T is with pleasure that am now
going to repeat the passage winch has
pleased you. For me yvu1 approDa
ton is worth more than the plaudits
OF the whole house"
And while the audience waited he
gave anew for Binet alone the cadets
OF Gascony."-Cri de Paris.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-06
THEY ATE LEATHER.
The Way Morsan's Pirates Prepared
Their Tough Food.

The Way Morean's Pirates Prepared
Their Tough Food.
The Infamous Captain Morgan ana
his piratical crew were sometimes in
tight places at Panama and on one
occasion were reduced to eating their
leather bags.
Some persons" says one Of the COM
pany (Exquemelin. whose narrative is
reproduced in The Buccaneers In the
West lndies",. who never were out of
their mothers kitchens may ask how
these pirates could eat. swallow and
digest these pieces Of leather. so hard
and dry. unto whom | only answer
that could they once experience what
hunger-or. rather. famine-is they
would certainly find the manner 10y
their own necessity. as the pirates did.
"For these first took the leather and
sliced it in pieces. Then they beat it
between two stones and rubbed it. often
dipping it in the water of the river
to render it by these means supple
and tender. Lastly they scraped off
the hair and roasted or broiled it upon
the fire. And. being thus cooked. they
cut it into small morselS and ate it.
helping it down with frequent gulpS
Of water. which by good fortune they
had right at hand
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-06
Bemidii People Are Given Convinc-
" ing Proof.

No better test of any article can
be made than the test of time and
this is particularly true of a kidney
medicine. Doan's Kidney Pills have
stood the test and stood it we'll.
What better proof of the merits of
this remedy could you demand, than
the statement of a Bemidji resident
who has been cured and has stayed
cured?
Read the following:
Mrs. Ella Barrett, 723 Irvine Ave,
Bemidji, Mimi, says: @Since
Doans Kidney Pills cured me three
years ago I have been as free from
kidney trouble as if l had never had
it. Ny system was filed with uric
poison that my kidneys failed to re-
move and at times l was very ner-
vous. I had dull pains in the small
Of my back and I knew that I was
in need of kidney medicine. In a
short time after 1 begun using Doan's
Kidney Pills, improved and it did
not take them long to restore me to
good health
For sale by all dealers. Price so
cents. Foster-Milburn Co., Buffalo,
Ney York, sole agents for the United
States
Remember the name-Doan's-
and take no other.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-06
A. Famous WaFkind-M Match,

Thomas Bailey Aldrich was one Of
the characters made notable in cele
brated walking match which was got
up by Dickens during his second visit
to America The match was stretch
of about six miles over the Boston
milldam toward Newton Center. IL
the articles Of agreement the sign
lures were stated TO he:
The Boston Bantam r. Osgooo
Massachusetts, Jenny James T. Fields
The Gadshill Casper. Charles Dickens
At the dinner given by the contest
ants at the Parker House. in Boston.
after the fatigues of the match were
over there were present besides the
above:
Hyperion. .................H. W. Longfellow
Hosea Biglow. ..............J. r. Lowell
The AUtocrat. .:...........O. W. Holmes
The Bad Boy. B. Aldrich
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-06
Hibernatfon,

Hibernatfon.
In the state known as .shibernatioE
respiration practically ceases. Diges
ton seems to follow respiration, and
the waste of tissue is reduced to the
smallest possible limit. the circulation
In the meantime being only just sum
c1ent to sustain life 1t has been as
certa1ned that animals can endure the
loss OF tissue until it amounts to 70
per cent of their normal weight.
Should the weight be reduced beyond
that Limit the result Is death It is
the stored up fat within the body OF
the alternating creatures that sus-
ta1ns them during the many months
ct cold weather. 49,. L.. ..-1.-,.--
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-28
Senator Frye's Successor.

Belfast Republcan-Jou
II will devolve upon the legislature If
called in special session to elect sue
cessor to Senator Frye. Tie Federal
Constitution says on this point: IF va
cancies Gin the Senate) happen by resig-
nation Or otherwise, during the recess Of
the Legislature of any State the execu-
tive thereof may make temporary ap-
pointments until the next meeting of the
Legislature, which shall then fill such
vacancies Last September Gov
fill the unexpired term of the late Sena-
tor Frye, and that is until March 3, 1913
viii the legislature. if called in extra
session. confirm this appointment, or
elect some one else2 Is Obadiah
Gardner worthy of the honor, and
does he represent the people oil
Maine? He went to Columbus Ohio. to
attend the meeting of the National
Grange and November 18th, the morning
after his arrival, the Ohio State Journal
published an interview with him In
which he is reported to have said;
sane and thinking temperance people
didn't take part in the campaign. Inc
hoodlums and those who wanted to see
liquor sold in spite of law favored re-
tention of the constitutional amend
ment."
a majority of the people of Maine are
hoodlums or the allies of the violators of
law, according to Senator Gardner In
this category he places the women who
wear the white ribbon. the clergy and
leading professional and business men of
the state. This is gross libel upon the
people of Maine, and it does not seem
possible that even a Democratic ieglsla-
ture would continue such a man IN oihce.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-28

Another .SaIoonIess City.

Another California town is con-
WINGED that it pays to be decent. 1t is
Woodland which closed its saloons
last August. and here is the way the
movement is paying:
On the day the saloons were closed
there were eighteen prisoners in the
county jail. The first week in
September the number dropped to
eleven, the second week to eight and
the third week to six. The cost of
meals for county prisoners during the
month of August was 1902 and during
the month of September $1S5.
During the entire month of Sep
TENDER the city prison was empty
No arrests for drunkenness were
made during the month. In July
the last month with saloons, there
were eighteen arrests.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-28

over in England they are working
for cooperation between the various
institutions that have to do with the
higher training of young men and wo-
men, just as we are doing in this
country They are meeting the same
problems that we are meeting. Next
year they are to hold conference of
the universities of the British empire.
A partial list of the subjects on the
British program includes entrance re-
quirement, the interchange of teachers,
vocational work, extension and tu-
torial classes, faculty representation
on the boards of trustees, the position
of women in the colleges, and the re-
lation of the universities to- the after
careers of their graduates.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-28
Growing, Under Prohibition,

To the Maine Democratic rum trust
TOOLS who are working night and day
to establish saloons in Maine. ito in
crease busiaess-in the Pine Tree
read the progress of the city of At
lanta under prohibition, in spite of I'M
restricted Interstate traffic. We copy
the following from the Dallas, Texas,
News
In 1900 Atlanta's population was
S9.S72. In 1910 its population was
$4,000. In 1900 its assessed value was
s54,50o.oOo. In 1910 it's assessed value
was s120.479,698. In 1900 it had 140
miles of electric railway. In 1910 it
had 200 miles. In 1900 it had 1000
telephones. In 1910 it had $1,000
telephones. In 1900 its postoftice re-
ceipts were $4,000. In 1910 its post
Office receipts were $l,052,S6S. In 1900
the bank clearings were $4,000, 900.
In 1910 the bank elearings were $574,-
164.916. In 1900 it had 40 churches.
1t now has 1876 churches. In 1900 its
public school enrolment was $4,000.
1t is now 21,50o. In 1900 it had in
vested in factories $15,Ss1,17s. 1t now
has invested in factories $4,000, 900.
In 1900 the value of its manufactured
products was s15,603000 The value of
these products is now $4,000 600.
Wages paid in 1900 were s2,769, 404
In 1910 the wages paid were $500, 600
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-28
Editorial Comment
No Compromise!

~ dependent-Reporter)
III counting the vote of September 18th
as east, the Governor and Council have
done the obviously proper thing. But
why call II special session of the legisla-
ture. Has His Exeelleney set his heart
upon a legalized liquor traffic for Maine
Can it be that fIGSfears to let his pet pro-
ject run the gauntlet of another general
election? There is rfa difference in prin-
ciple between the scheme to give local
option to the cities, and the proposition
we have just turned down. Certainly the
friends of prohibition are under no obli-
CATION TO compromise. Rather let us
recognize the fact that the Hight has Just
fairly started, and make the most of
every opportunity.
We wonder ii the governor has consid-
cred all the ms and outs connected with
special session next February? IN the
first place there is the unnecessary eX-
pense, so terrible to every orthodox son
of Jefferson. Then, too, the Democrats
lack the necessary two thirds in House.
with which to pass the proposed amend
ment. Are the Republicans going to help
pull any more chestnuts out of the fire
Last but not least there are twelve va
cancieS, three in the Senate and nine in
the House. To fill these a special cleo
ton will be necessary, and there is
where the direct primary law may upset
some carefully matured plans. The peo-
pie are going to have chance to know
what they are voting for both in the
primaries and at the polls. a well or
ganized fight viii make the Governor and
his special session look like the tradi-
tional 80 cents. Up and at them,