The Temple Daily Telegram (Temple, Tex.), Vol. 6, No. 13, Ed. 1 Tuesday, December 3, 1912 Page: 1 of 10
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Member of the
-Associated Press-
THE TEMPLE DAILY TELEGRAM
THE FIRST MORNING PAPER IS ( KMJUL AMP WEST TEXAS—HA* LARGEST < !RCt LATION OF ANT PAKS PUBLISHED BETWEEN DALLAS AND HOUSTON
Full Leased Wire
Night Press Service
PKICfc; frIVK CKNTS
TEMPLE. TEXAS, TUESDAY MORNING. 1>EC. a. 1»12
VOL. VI. So. ta
CONGRESS IS NOW IN SESSION POWERS NOW
JOYFUL SCENES IN THE HOUSE
WILL WIND IIP UNFINISHED BUSINESS
Last Appearance of Most ot Old Stand-Pat Gang—Many
New Faces Appear- . President's Message
Comes Today.r" Ovations Given
Clark and Cannon.
IN HARMONY
GERMANY AND ENGLAND EX-
ERTING PACIFYING INFLU-
ENCE ON ALLIES.
fUjr AmocIIKI Pun)
WASHINQTuN, J^fc. 2 —The kii-
ate and house settled down to work
today for the high pressure session
that 1* to end the sixty-second con-
gree. Speaker Champ Clark wield-
ing hie emblem of order with ever In-
creasing fores, succeeded in breaking
two valuable gavels before he hud
brought the enthusiasts through an
hour and ten minutes of business. The
session* In both houses served to com-
plete preliminary work of organiza-
tion and left congress ready for leg-
islative business tomorrow.
The senate, depressed by the re-
cent death of Vice President Sherman
and Senators Hsyburn and Kayner.
was in session only twepty two min-
utes. Both houses adjourned as soon
as the preliminaries of organization
were concluded, out of reaped for
members and officers who had died
since the August adjournment.
President Taft's message will come
to both houses tomorrow. The senate
will meet at 11 o'clock, an hour be-
fore the customary time, so the mes-
sage nay be read before proceeding*
are begun in the court of Impeach-
ment. which is to try Judge Kobert
W. Archbold of ths commerce court.
Boisterous enthusiasm greeted the
return tg the house of Speaker Clark,
former Speaker Cannon and other
members whose names long have been
associated with the important affairs
of that body. The roll call in the
house was by states and as the call
proceeded, the members cheered and
applauded the Aarnes of the more
prominent members.
Former Speaker Cannon was given
a rising greeting when bis name was
reached. Democrats and republicans
who had Joined In the applause for
SpeaHer Clark when he entered the
chamber at noon, Jumpetf to their feet
and Joined in tha cheering. Four
governors elect who will go from the
house of representatives to their res-
pective stat* capitals, also wsre vigor-
ously cheered. These were Represen-
tatives Suiser, New York; Co*, Ohio;
Robinson, Arkansas, and llotina.
North Dakota.
No business was transacted by the
senate, but a number of bills and res-
olution were Introduced in the house
A Joint committee was named by the
two houses to notify prealdent Taft
that congress was ready to receive
his communications. Senator Bacon,
presiding officer of the senate, ap-
pointed Senators Cullom and Martin
and Speaker Clark named Represen-
tative Underwood of Alabama. Mann
of Illinois and Johnson of Kentucky.
Senate republicans had an informal
conference during the day In an ef-
fort to solva the tangle which has
prevented the selection of a perma-
nent presiding officer of the senate.
It is expected a republican caucus will
be hald before the end of the week
and that an effort will be made to
get support from Progressive and In-
surgent republicans to bring about
the election of Senator Galllnger.
The house will continue at noon
tomorrow. Roll call In the senate
today showed (I members present
out of a membership of 93. and 275
representatives out of a membership
of 391. There are three vacancies In
each branoh.
(By Associated Press)
WASHINGTON, Dec. 2.—The third
session of the 62nd Congress began at
noon today under circumstances of
unusual Interest. Tha session comes
after a pollcal upheaval of far reach-
ing extent which will loon transfer
all the executive and legislative
branches of tha federal government
to democratic control
While the present session is merely
the expiring stage of a congress soon
to go out of existence and to be su-
perceded in political control and
policy after March 4, yet today's ses-
sion In the senate and house brought
together^ for the first time since the
recent overturning those leaders and
elements of the various parties who
have been most prominent In public
affairs. The Old faces and figures
are again In evidence today, although
some of them, like Klx-speaker Can-
non, will soon pass off the congres-
sional stage, while others, like Speaker
Clark and Chairman Underwood, have
had their tenures renewed and
strengthened.
As a whole, however, the dominant
note as both branches of congress as-
semble is that new conditions, new
policies and new men have been uah-
ered in as a result of the recent elec-
tion and that about the only func-
:lon of ths present session lasting
continue until March 4, although this
control is conditioned largely by the
presfnee of two elements, regular and
progressive, in the republican total
of 51. Senators Heyburn of Idahj
and Itayner of Maryland, have died
since the last sesidon closed, bijt in
other aspects the personnel continues
unchanged until March 4.
In tUe house Speaker Clark and the
various chairmen of the two preced-
ing sessions, continue to direct af-
fairs, with a total democratic vote
of 230, giving a democratic majority
of about 33.
The personal aspect was very pro-
nounced as the session began today,
the air of democratic victory pervad-
ing the capltol from end to end.
Scores of men whose names have been
prominently Identified with affairs
of congress for many years, and who
have shaped politics arid legislation,
faced their last three months of ser-
vice at the session opened.
In this notable company were the
deans of house and senate, "Uncle
Joe" Cannon, former speaker, and
center of many turbulent sessions of
the house, and senator Shelby H.
Cullom. for thirty years a senator
from Illinois, a personal friend and
contemporary of Lincoln, and who
was elected to his first term In the
national house of representatives in
1N65
Both fannon and Cullom came baek
from the winter's work the victims ot
political defeat. Senator Joseph W
Bailey of Texas, long a democratic
leader In debate, came with the volun-
tary announcement of his retirement;
Representatives Cox of Ohio, and
Sulzer cf New York brought, into the
legislative halls the titles of govern-
or-elect. respectively of Ohio and
New York.
Senator Crane of Massachusetts,
long regarded as the republican
"whip" of the senate, who also re-,
tired voluntarily; Senator Bourne of
Oregon, Guggenheim of Colorado,
Wetmore of Rhode Island. Curtis of
Kansas, Paynter of Kentucky, Gam-
ble of South Dakota, Brown of Ne-
braska and many others, democat*
and republicans alike, began today
their three months of service, be-
fore voluntary or enforced retirement
to provlate life.
Sorrow for the late Vice President
Sherman overshadowed the spirit of
democratic triumph in the senate, and
tempored the spirit of greetings
amongst returning members. Custom
decreed that the upper house should
adjourn Immediately after meeting
today, out of respect for the memory
of the vice president, and In contem-
plation of this, senators were early
in their seats. ,
The outline of the winter's work
seemed inextricably mixed, as sen
ators and congressmen met in friend-
ly conference with the prospect of
tariff revision In the special session
that is to assemble under President
Wilson next spring. In the senate
republican leaders were slow to ad-
mit the certainty of democratic con-
trol on all tariff problems, even with
the great Increase In membership
that is to come with the pew con-
GREECE HOLDS BACK
GAVE MONEY IMPEACHMENT UNION PACIFIC MERGER CASE
TO KILL BILL
SOUTH DAKOTA LEGISLATURE
WORKED ON BY UARVEbT-
ER PEOPLE.
BINDER TWINE DEAL
PROCEEDINGS WAS ILLEGAL COMBINATION
I
JUDGE ARCHBOLD ARRAIGNED
BEFORE THE UNITED
STATES SENATE.
HOUSE CONVICTED
AFFECTS ALL RAILROAD COMBINES
Ttuu Country Doe-e Not I-ike Id™ of j Strong Testimony Sltowlng up Metli-
Rettictuallng Beeieged t itles--Ad-
rlanople the Crucial Spot.
Conditions at Naioniki.
<nls of Harvester Combine.
Witness is Now a titiu-a
of IVvas.
The re-assembllng of the house
drew together a host of men long
prominently Identified with repub-
lican affairs In that body to whom
ths elections had brought political
disaster Among them were Nicholas
Longsworth of Ohio, John Dalzell of
Pennsylvania. Ebenezer J. Hill of
Connecticut and John A. Needham of
California, all members of the power-
ful ways and means committee, and
(Continued on Page Five.)
PELLEGRA REMAINS
A MYSTERY STILL
Commas!on Investigating Disease Se-
cured Mnch Data But Failed to
Find the Cause.
(By Associated Prest)
NEW YORK, Dec. 2.—After four
and a half months study of pellegra In
South Carolina, the Thompson-Mc-
Fadden pellegra commission reported
today that while Its data on the epl-
demology of the disease was the most
complete ever obtained the mystery
enveloping the origin of the aliment
has not been dispelled. It will take
months to get the details into such
shape that anything like a logical
conclusion may be drawn and the
probability is that the cause can not
(By Associated Pe»ss>
LONDON, Dec. 2.—The Imperial
German chancellor's statement on the
European situation, together with that
of Herr van Klderlcin-Waechter, the
German foreign secretary, confirming
that Great Britain and Germany are
co-operating amicably in favor of
peace, is regarded in the European
capitals as reassuring and as calcu-
lated to have an effect when the peace
delegates of Turkey and the Balkan
allies come to discuss terms.
Dr. von Bethmann-Hollweg's decla-
ration of the solidarity of the triple
alliance, which it is reported has Just
been renewed for another terms of
years, and his announcement of Ger-
many's determination to pursue a pol-
icy upholding Turkey in an economic
sense. Is likely to influence the dele-
gates of all the countries concerned
to discuss peace conditions in the
spirit of moderation already shown in
the armistice negotiations.
Although there is no change in the
actual situation, some misgiving is be-
ginning to be expressed with regard
to the attitude of Greece. Various
reasons are assigned for Greek reluc-
tance to sign the armistice. Accord-
ing to the Greek minister at Parts,
Greece opposed the proposal that be-
sieged garrisons shall be provisioned
during the armistice.
Situation at Saloniki.
(3y Associated (V
London, Dec. 2.—The Sofia corre-
spondent of the Times says:
The Turks would consent only to
raise the Turkish blockade on the
Black sea on condition that the
Greeks would raise the blockade on
tha Aegean. It is doubtful whether
the Greek government will agree to
this. <
Doubtless the earlv fall of Adriano-
pie would expedite the negotiations.
The final possession of Adrianople Is
regarded here as a sine qua non.
A Saloniki dispatch to the Times,
dated Nov. 23, says that as a result
of the exodus ot the Greek troops to
Monastir and Bulgarian troops to Ded-
aghatch, the town at that time was
regaining its calm. There was then
little probability of any outbreak be-
tween the soldiers of the allied armies.
Both Greeks and Bulgarians agreed
that the final disposition of Saloniki
should be Jeft to diplomatic negotia-
tions.
There were 40,000 refugees at Sal-
onlKi, all In a deplorable condition.
After the arrival ot the troops they
were ejected from the mosques and
other buildings and driven to the
open around the town where they
were exposed to the rain. Smallpox
and other diseases already have ap-
peared. The Turkish prisoners in the
concentration camp were living under
similar appalling conditions. Al-
though the Turkish Red Crescent was
well equipped, the Turkish military
hospital was In a terrible condition,
without bandages, medicines or com-
forts and the only food was moldy
bread.
Hurt' Kiercise of Power of Congrcm
to Try High Official—History of
the Case and t barges
♦ •
Against the Judge. « THE DECISION. ♦
♦ — ♦
— 1 ♦ (By Associated Press ) ♦
| ♦ Washington, Dec. 2.—The su- ♦
(By Associated Pnsw) , ♦ preme t-our* today in an opinion ♦
WASH IN GTO.V, Dec. 2. — Judge ♦ announced by Justice Day held ♦
Robert W. Archbold of the commerce # th.»t the I'nion Pacific Railroad ♦
court will take no personal part m ♦ company, by the acquisition of ♦
the conduct of his case before the + stock in the United Pacific, had ♦
senate, when that body reassemble* 0 executed a combination ill viola- ♦
as a coi rt of Impeachment tomorrow ! ♦ tion of the Sherman anti-trust ♦
Attorneys for Judge Archbold, whose ♦ act.
impeachment was demanded by the I# Justice Day. reading the opin- ♦
house of representatives after invest!- ]♦ Ion. Indicated that the court ♦
gaticn into business relations alleged ♦ wouid enter a decree to dissolve ♦
to be a violation of his Judicial oath, + the combination and also an in- ♦
i„„, „ I ^ junction to prevent the Union ♦
♦ Pac.flc from voting Southern ♦
♦ pacific stock. ♦
♦ ♦
Whenever Competition Is Prevented the Sherman Law It
Operative—Southern Pacific Must Divorce Unoa
Pacific—Effects in the Stock Market
Strength Gained Before Close.
<By Abu*< ated Pi*m)
ST. LOUIS, I .ee. 2.—Michael H.
Lamb, of Mission, Texas, testified to-
day that as agent for the Internation-
al Harvester Company, ho spent $:i00
or $500 in ISO to kill a bill pend-
ing in the South Dakota Legislature,
which would ha\e authorized the
manufacture of binder twine in the
state penitentiary Mr. Lamb testi-
fied at the opening session of the St. I stated today he would leave the pre
Louis hearing in the government's suit sensation of his defense entirely to
against the Mccormick Harvester his lawyers.
Company and l^ter of the Interna- | Managers for the house who will
tfonal, testified that when the bill conduct the prosecution held a final
came up he consulted John H. Bow-
ler, former warden of the penitentiary
and being told that it would take
money to beat the bill, he wrote to
meeting today for the perfection of
the opening argument, which will be-
gin at 12:30 o'clock tomorrow.
The usual proceedings of impeach-
Henry L. Daniels, general manager of ' ment are expected to lend Interest
FIVE DEACONS RESIGN
the International.
"A few days later I received a
package of new J20 bills, with In-
structions to turn them over to Bow-
ler," Lamb declared. He explained
he thought the money was a contri-
bution, not a bribe.
Thi witness narrated a conversa-
tion with a member of the McCor-
mick Company In Chicago, In Jan-
uary. 191!. In which he was compli-
mented for his loyalty to the McCor-
mick Company, but was told that
hereafter he was to push the other
makes of binders that were controll-
ed by the International Harvester
Company with the same spirit as he
had she ivn in handling the McCor-
mick n.ake.
B. A McAleer, of Oklahoma City,
another witness who said he had
been In the implement business six-
teen years, testified that after 1902
the threat to deprive dealers who had
bMn handling th^Tnternatluna! Har-
vester machinery of their agencies
was used as a club to force them to
accept the agency for tillage tools and
other implements.
The hearing will be resumed tomor-
row.
not
H
Bowler "Explains."
(By Associated Press)
St. Louis, Dec. 2.—Although
subpoenaed as a witness. John
Bowler, former warden of the South
Dakota penitentiary appeared today
In the room during the hearing "to
protect his interests." he said. 11a
admitted having received $300 from
Lamb, but said the money, with $50
received from the Retail Implement
Dealers Association was expended In
pa\ ing the expenses of the associa-
tion's executive committee of which he
said I.e was a member. Government
counsel said he would not be put on
the stand for thefgovernment.
LIGHTNING IN CEMETERY.
Seventeen Struck Down as They Stood
at Side of a Grave.
to the sessions of the senate for tho
next two weeks. Senator Bacon, now
temporary presiding officer, will pre-
side over the court room, when It
opens tomorrow and probably will
continue In that position until the
conclusion of the case.
fBv Associated PreMi
WASHINGTON. Dec. 2 —The great
Harrtman merger created when the
I'nion Pacific railroad company
bought 4 6 oer cent of the stock of
the Southern Pacific railway system,
was spilt asunder today by the su-
preme court of the United States as a
violation of the Sherman anti-trust
law. Then with the end of the
merger before It, the court sent forth
Its portentlous declaration that "while
the law may not be able to enforce
competition It can reach combinations
which render competition Impractic-
able."
Justice Day announced the unanlm-
Justlcs
(By Asrociared Pr*»»i
WASHINGTON. Dec. 2—The trial
of Judge Robert W. Archbald of the
United States ct mmerce court for con.
duct amounting to a violation of his
, , , , , , . . , , . : ous opinion of the court.
oath as federal Judge had been set tor
. , . , .. . v «. ..... I Vandevanter took no part In the con-
to open today before the senate court
jslderatlon of the case today but his
personal finding when he was a Judge
of the Utah circuit court, to the ef-
fect that the two roads were not com-
petitors and therefore no violation of
the law had resulted from the pur-
of Impeachment as u request of Judgo j
4'
His attorn^s be given more time to
Lrchbald's request last August that
prepare their-wase.
The charge against Judge Archbald
arose in connection with private and
, , . . , ... , „ chase, was reversed and annulled,
official acts both aa a Judge of the I ™ _ J n v #
court of commerce and as United
Almost Complete Change Made In
Board of First Church.
(Special to Tha Telegrami
Fort Worth, Tex.. Dec. J.—Five of
the deacons of the First Baptist
church. Rev. J. Frank Norrls, pastor
have tendered their resignations—thi?
making an almost complete change In
the board of deacons of that church
with'n a year. These who resigned
today are A. T. Baker, Dr. T. L. Ray,
J. W. Spencer, M. J. Dowlin and L. H.
DuBose. ,
8unday morning the pastor. Rev. J.
Frank Norrls, stated he had received
a donation of $1,000 in the form of
a deed to property of that value from
L. 3. Hawkins to the First Baptist
church, to aid in the building of the
new church. Mr. Hawkins Is not a
member of the First Baptist Church.
Work on the new church building
at Fourth and Throckmorton streets,
was begun tie morning.
Mr. Norrls has accepted Invitations
to hold meetings at Vernon, Cleburne
and Ardmore.
' (Hy Associated
Johannesburg, South Africa, Dec. S.
—Lightning struck down seventeen
mourners while they were standing at
a grave side In Germlston in Rho-
lesia today. One was killed and five
others so severely injured that their
lives are despaired of.
PASTORS CHOOSE OFFICERS.
win
Push City poor Fond
Needed Amount is Secures!
Until
The Temple Pastors' Association
held a meeting yesterday and elected
the fol!oirtt»g officers for the ensuing
year; Rev. J. M. Dawson, president;
R«?r. A. f. Cunningham, vice presi-
dent; Rev. B. A Hodges, secretary
(By Associated Pit**) I
Washington. Deu. 2.—Forecast:
. . » . i , niru iiiHi 11r imu Biiou wn uyii/i ur
expended half of The pastors decided $4 jpeef; every Louisiana—Fair Tuesday and pro- had ukeB advantage of his position.
til March 4
to pass annual sup
up what
bills find to
positively be
further exha
eommiraloh has
Vice-Fregident Sher-
ved by death from
• chair, which
determined
investigati
The and treasurer.
0 donated by CjpL Monday, instead of twi,
n of this city and has been the custom f
en of Philadelphia, decided to push the
the city poor fund
foUtfee
by Senatocs the fund of $1
Robert It. Tho
a JL
. They
ns for
a second expedition
ty next
West Tms-W,
♦♦«♦♦♦♦♦«♦♦♦♦♦♦♦♦♦♦
O ♦
♦ THE WEATHER ♦
♦ ♦
(Philosophical PheULx.)
Ci£E\
J ST OUT (V
'WO\)K K!
VHOVM \
States district J,Mdge for middle Penn-
sylvania. He "was impeached by the
house of representatives after a full
investigation of the facts by the de-
partment of Justice and extended hear-
ings before the house judiciary com-
mittee.
The managers appointed by the
House to prosecute the case before
the Senate asked for an immediate
trial last August but the Senate de-
clined to hasten its consideration of
the case. During the last week scores
of subpoenaes were Issued for wit-
nesses who *111 be brought before
the Senate by the House managers
and by Judge Archibald's attorneys
in connection with the trial.
After the House Committee on Judi-
ciary had concluded its hearings last
Spring it recommended that Judge
Archibald be called before the Senate
under Impeachment proceedings. The
last time the House had exercised Its
impeachment powers was In 1901,
when Judge Swane, United States
Judge for the Northern District of
Florida, was called to account fir mis-
conduct and was acquitted by the sen-
ate. The House of Representatives on
July 22, 1912, adopted articles of im-
peachment by a vote of 222 to 1 and
a committee headed by Representa-
tive Clayton of Alabama, was chosen
to act as the managers on the part of
the House to try the case before the
Senate. The House managers urged
the Senate to grant an Immediate trial
but that body declined to hear the
case before the end of the lost ses-
sion.
Thirteen separate articles consti-
tute the basis for the impeachment
trial. These embrace dealings between
Judge Archibald and railroad officials
and others la regard to Pennsylvania
coal or "culm" dumps and coal lands.
Also contributions by attorneys and
others to the Judge's vacation trip to
Europe In 1910; reputed "secret" cor-
respondence by the Judge with a rall«
road attorney concerning a pending
case; and alleged attempts to have
notes payable to Judge Archibald
discounted by attorneys and litigants
before his court.
In presenting the case to the House
Representative Clayton said that his
Judiciary committee was of the opin-
ion that Judge Archibald's "sense of
moral responsibility had become dead-
ened" and that he had "prostituted
his high office for personal profit."
The principal charge grew out of the
Katydid culm bank deal. In this
charge it was asserted that while the
Erie railroad company had pending
before the Supreme Court. two suits,
Judge Archibald, corruptly taking ad-
vantage of his official position, induc-
ed the officials of the Hillside Coal
and Iron Company and of the Erie
railroad which owned that company,
to agree to sell the coal company's
Interest In ths Katydid dump to Judge
Archibald and Edward J. WlUJams.
In his anstyer Judge Archibald de-
nied that he had acted corruptly, or
Instead of following the reasoning of
Justice Vandevanter, in the court be-
low, the'couit In substance approved
the minority holding of Judge Hook,
that the roads were competitors and
that It was Just as much a violation
of the law for one road to buy the
controlling stock of a competitor as
It was for a ho'ding company, as in
the Northern Securities case, to buy
the controlling stock of two compet-
ing companies. As the Northern Se-
curities company plan failed nearly
ten years ago, so the Harriman plan
fell today.
The circuit court for the district of
Utah was directed to supervise the
separation of the two roads after
hearings and In emergency to, appoint
a receiver to sell the stock. The Un-
ion Pacific, If the supreme court sees
proper, may retain control of the old
Central Pacl'lc line from Ogden to
San FrancUco. The decision of the
lower court, that there was no vio-
lation of the law in the attempt to
acquire the then Pacific stock and the
stock of the Atchison. Topeka and
Santa Fe railway company, after-
wards abandoned, and a certain In-
terest In the San Pedro Los Angeles
and Salt Lake Railroad company was
allowed to stand.
It is the genersl belief here that the
application of the decision to the rail-
road situation of the country will be
widespread, placing a powerful prece-
dent In the hands of the attorney
general to prevent consolidation of
the competing roads.
Department of Justice officials,
however, wore not prepared tonight
to discuss the full effect of the de-
cision. Attorney General Wlcker-
sham, elated over the outcome, Issued
a statement In which he simply de-
clared the case extended principles of
the Northern Securities case and re-
affirmed those of the Standard Oil
and St. Louts Terminal association
cases.
Justice D\y, In his opinion, first
dealt with the law In the case. He
spoke of the Standard Oil and tobacco
cases of last year as the final author-
mischief at which the statute
aimed is equally effective whichever
form U adopted."
He added that a more effectual
form of commission to gain tha con-
trol of a competing railroad than for
one road to acquire a dominating
stock interest in the other could ;
hardly be conceived.
One by one Justice Day took up |
the argume-its upon which tha rail-
ways hoped to defeat the govern*
meat's suit. He first considered tha
i arguments that the systems war* not
competitors but partners,
"To compete," said the JustiC*, "hi
to strive for something which another
is actively seeking and wishe* to
gain."
lie quoted the testimony of
men that that is what the Urfoa Pa-
cific and Southern Pacific werAdotng
by the purchase. Competition'as to
rates was not" the only aim of the law»
he explained, but there was competi-
tion ax to the character of tho set*,,,
vice rendered and the aceomHKMM-
tlons afforded. He said it mado no
difference that rates were not raised
after the combination was effected. -
"It is the scope of such comblnattM*
and their power to suppress an*
stifle competition or to create mon«
onpoly which determines the appliea*
billty of the act," Justice Day de-
clared. The argument that the cam*
petltive traffic was. Inflnetlamal ha
dismissed with the statement that It
amounted to many millions of dollar^ ,
Next he took up the argument that
the Union Pacific was only a coa»
necting road and really had no Una to
San Francisco, but was depei
upon the Southern Pacific for
terms as It could make to operata tha
old Central Pacific line from Ogdsa
to San Francisco. He said that was
going too far; that the Union Pacific's
Portland route was available and It
would have been detrtmsntAl to
Southern Pacific to have ,4s*l
agreement to carry the Un4on
husinefs from Ogden to I
clsco.
"Hut this case la not to ha
upon the theory," he continued.
only so much of the Southern
system as operates between Ogden
and San Francisco has been acq I
The purchase may be Judged by what
It in fact accomplished and tha nnt«^
ral and probable cotlsequi
that which was done. BecatMNtii^
would have been unlawful to gain by
purchase or otherwise, an entrance
into California over the old Central
Pacific, does not render it legal to
acquire the entire system, largely en-
gaged in interstate commerc* la com-
petition with the purchasing road."
Justice Day replied to the argu-
ment that a majority of the stock, had
not been purchased apd therefore no
control had been acquired. Ha quot-
ed Mr. Hari'iman saying that a com-
pact. united ownership of forty-six
per cent of a big corporation, was suf-
ficient to control it.
ts
Effect on the Market.
tBy Associated Pn.asJ
New York, Dec 2 -Officials Of tha
Harriman system msnifested no sur-
prise when informed of the suprwne
court's decision today against tha
Union Pacific merger, bat declined to
comment on Its scope or general etg-
nflcance. Wall street received tha
decision In the early afternooh*
shortly after call money had risen to
16 per cent, the high rate of the day.
Union Pacific fell 2 1-2 points to 1«»
and Southern Pacific $ points to ltl
8-4. Almost at the same time Union
Pacific preferred shot up from §8
to 96 1-2 and Southern PaoUie 4 per
cent bonds were rushed up 11-1'
points.
The rise In Union Pacific pre-
ferred was said to be basad on
that it likely would share equally
the common in any distributee*'
readjustment of securities entailed 1
today's decision. This was a dab
ble point, however, and Harrtmq* I
resentatlves refused any
bably Wednesday; Ujffct winds.
East Texas—Fair Tuesday; Wednes-
day increasing cloudiness; light to
moderate east winds.
> Tueafey . and
U»U wsrvv»* ou» aii"»B^ vr» M '
Hte attorney* tt ok the poeiMon that it ictereet in the
lty on the Interpretation of the Sher-
man antl-trus tact. He pointed to j 0n the subject. As for Southern
the decisions of the Standard Oil and cific bonds, th< Ir rise was ati
tobacco cases as being approved la j to possible retirement at par and
those cases and then proceeded to ap- terest. should Central PaeUM
ply to this merger the principles dis-
cussed in all those decisions.
"We take It therefore," he said in
this connection, "that it may be
agreed as settled that a combination
which places railroads engaged In In-
terstate commerce In such relation as
to create a single dominating control
In one corporation whereby natural
and existing ccmpetitlon in interstate
commerce is unduly restricted or
suppressed. Is within ths condemna-
tion of the act While the law may
not be able 'to enforce competition. It
can reach combinations which render
competition Impracticable.
;'Nor do we think it ean make any
difference that Instead of retorting to
a holding company aa was done In
tt^e Northern Securities cose, the eon-
taken over by Union Pacific as
matsd in the supreme oourfs i
Southern Pacific owns all the
men stock of Central Pacific, in <
slderatlon of which Sout
issued an equal amount of the
lateral fours.
| While the Harrtman stocks
falling, the balance of tha lists
one to two point declines,,but the
settlement was little mora than
porary. moil issues I
general part of their
dull close. United State*'
conspicuous exception
heaviness than any
| inks manner la |
of tha Union Pa ell
cific ro
call for a I
was not a crime
become Interest
purchase pro
r a federal Judge to
In an attempt to
from one who
corporation
end tha power to
are
d, ml nation an
ck of one
fa tha
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Williams, E. K. The Temple Daily Telegram (Temple, Tex.), Vol. 6, No. 13, Ed. 1 Tuesday, December 3, 1912, newspaper, December 3, 1912; Temple, Texas. (https://texashistory.unt.edu/ark:/67531/metapth475056/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.